Court of Criminal Appeals of Texas
William Day, Appellant v. the State of Texas, Appellee
February 4, 1976532 S.W.2d 302
Summary
The Court held that criminal trespass is a lesser included offense of burglary under Art. 37.09, V.A.C.C.P., and that the trial court erred by refusing to submit a jury instruction on that offense, reversing the conviction and remanding for a new trial. The Court also affirmed the constitutionality of Arts. 37.08 and 37.09. The decision was contested by dissenting opinions (Judge Douglas) and joined by concurring opinions (Judges Roberts and Morrison).