"And" vs. "Or"

Remember Harvey Joe Hanson who was sentenced to 75 years out of Wise County for Attempted Capital Murder? Well, the case has been reversed. Here's the reason. This jury instruction: Now if you find from the evidence beyond a reasonable doubt that on or about the 9th day of September, 2003, in Wise County, Texas, [appellant], did then and there with specific intent to commit the offense of capital murder of Penney Aslinger, do an act, to-wit: entered the residence of Penney Aslinger without her effective consent, or threatened her or cut her with a deadly weapon, to wit: a knife . . . which amounted to more than mere preparation that tended but failed to effect the commission of the offense intended, then you will find [appellant] guilty of attempted capital murder as charged in the indictment. Should have read: Now if you find from the evidence beyond a reasonable doubt that on or about the 9th day of September, 2003, in Wise County, Texas, [appellant], did then and there with specific intent to commit the offense of capital murder of Penney Aslinger, do an act, to-wit: entered the residence of Penney Aslinger without her effective consent, and threatened her or cut her with a deadly weapon, to wit: a knife . . . which amounted to more than mere preparation that tended but failed to effect the commission of the offense intended, then you will find [appellant] guilty of attempted capital murder as charged in the indictment. It's a crazy world. (Court of appeals opinion is here)