The Court has held that it is not reversible error for a trial court to submit proper forms, including one for "not guilty," which "cover all possible verdicts under the facts," Garcia v. State, 162 Tex.Crim. R., 288 S.W.2d 513, 515 (1956); Harris v. State, supra, at 302; see also Ragland v. State, 391 S.W.2d 418, 420 (Tex.Cr.App. 1965). Indeed, when neither accused nor his counsel had seen the forms, the Court pointed out that they are "justified in assuming that the court would deliver to the jury forms for every verdict authorized by the main charge," Clepper v. State, 162 Tex.Crim. R., 284 S.W.2d 739, 740 (1955). It is also true that the Court has applied the contemporaneous objection rule when an accused has seen the forms and failed to object, as the majority does here.
This Court held that the failure to submit all forms for possible verdicts that the jury might have reached was not reversible error where there was no objection at the time. Clepper v. State, 162 Tex.Crim. R., 284 S.W.2d 739, relied upon by appellant, was reversed for the failure to submit a form of verdict for assault to murder without malice even though such a charge was authorized under the court's instruction in a prosecution for assault to murder with malice. In that case, the bill of exception recited that neither the defendant nor his attorney saw the forms of verdict until after the return of the verdict and the discharge of the jury.
The court should submit to the jury forms for every verdict authorized by the main charge. Clepper v. State, 162 Tex.Crim. 278, 284 S.W.2d 739, 740 (1955). Here, the court did just that; it submitted forms for finding Appellant guilty of aggravated assault, guilty of reckless conduct, i.e., not guilty of aggravated assault, or not guilty of either offense.
A contrary result was reached where an omission was made, and the defendant not offered an opportunity to object (form submitted to jury by court with defense counsel given no opportunity to review). Clepper v. State, 162 Tex.Cr. 278, 284 S.W.2d 739 (1955). See also Riley v. State, 127 Tex.Cr. 267, 75 S.W.2d 880 (1934), where objection to an omission was made, but the omission was not corrected by the trial court.