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 all three types of burglary and that the trial court’s refusal to give a jury instruction on criminal trespass was reversible error, reversing the conviction and remanding for further proceedings. The dissenting judges argued the evidence did not raise the trespass issue and that the error was harmless.