Madden v. State (911 S.W.2d 236, 1995)

OPINION

CUMMINGS, Justice.

A jury convicted the appellant, Roland Jerome Madden, of aggravated assault, enhanced by two prior convictions, and assessed punishment at life in prison. Tex.Penal Code Ann. § 22.02 (Vernon 1991). Madden raises nine points of error on appeal. For the following reasons, we will affirm.

On the evening of April 17, 1993, Antrum Donell and Damon Jerome Bell were visiting Bell’s girlfriend, Kim, at her apartment. Bell had brought a neighbor’s dog for Kim to play with. Madden and Kim’s sister, Kasan-dra arrived some time thereafter with their four-month-old baby. At trial, Bell testified that Madden became angry because he was apparently concerned about the safety of his baby around the animal. However, there was some evidence that the dog was not even in the same room as the baby. Bell then told Madden that he would take the dog home.

Madden and Kasandra went outside where they began to argue. Promptly thereafter, Bell and Donell left the apartment to take the dog back home, and Kasandra went back inside. As Bell headed to his car, Madden and Donell began to argue with each other. Bell walked over to the two men and explained to Madden that he was not trying to put the baby in any danger and that they were taking the dog home. There was testimony that Donell and Bell both tried to calm Madden down. Madden then asked Donell,