Anthony Scott v. State ( 1995 )

Scott-A v. state

IN THE

TENTH COURT OF APPEALS

No. 10-94-299-CR

     ANTHONY SCOTT,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the 77th District Court

Limestone County, Texas

Trial Court # 8160-A

DISSENTING OPINION

      A fair application of Blankenship v. State, 785 S.W.2d 158, 159-60 (Tex. Crim. App. 1990), and article 21.07 of the Code of Criminal Procedure would authorize the jury to convict Scott of assaulting Roy Gann, who testified that he was assaulted and that he had been called Ray Gann in the past. If evidence exists that the victim was known by the name alleged in the indictment, then the issue is raised and is properly left for the jury to determine. Brown v. State, 843 S.W.2d 709, 712 (Tex. App—Dallas 1992, no pet.) (citing Blankenship); Stahley v. State, 814 S.W.2d 415, 417 (Tex. App.—Dallas 1991, pet. ref'd) (also citing Blankenship). I see no reason to reach a different conclusion just because the charge also referred to Gann by the name alleged in the indictment.

      I would overrule point one.

                                                                                 BILL VANCE

                                                                                 Justice

Dissenting opinion delivered and filed August 31, 1995

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