APPELLANT v. STATE FROM OF COUNTYI

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Court of Appeals of Texas, Waco.

Michael Eric Fritzching APPELLANT v. The State of Texas STATE FROM County Criminal Court No. 5 OF Tarrant COUNTYI. Introduction Appellant Michael Eric Fritzching appeals his conviction for misdemeanor assault of a family member.  He contends in one point that the evidence is insufficient to support his conviction for assault because the indictment and jury charge alleged that Appellant struck his ex-girlfriend with his “hands” but that the prosecution proved at trial that he struck her with his “fist.”  We affirm.

NO. 02–10–00431–CR

    Decided: April 12, 2012

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

ANNE GARDNER

PANEL:  DAUPHINOT, GARDNER, and MCCOY, JJ.

Tex.R. App. P. 47.2(b)

DELIVERED:  April 12, 2012

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

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