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I'm a criminal attorney in Dallas and I know Karen Greene she is states oriented but this indictment should stand as it does state a prima facia offense.
To commit Ag. Assault in Texas the state specifically in this case pled That the Defendant intentionally knowingly or recklessly caused bodily injury to another,the victim, by exhibiting or employing a deadly weapon,water, that in its manner or usage caused serious bodily injury or death to the victim.
A deadly weapon can be anything that by it's use caused serious bodily injury or death.
The DA's will of course say the Defendant's recklessly caused the vitims injuries by employing a deadly weapon to wit: water, that by its manner or usage can and in this case did cause serious bodily injury.
A prima facia case exists applying the statute to the facts at hand and I wouln't have quashed indictment. APA's have Scottie Allan as one of their attorney's he's good with a Jury this will be close if it goes to trial, depends on the Jury panel .
I'll keep Greek Chat posted.
Last edited by g41965; 05-29-2004 at 01:01 AM.
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