Earnest Moss, Appellant v. the State of Texas, Appellee

Summary

The Court held that the evidence did not support a conviction for burglary of a habitation because the house was not adapted for overnight accommodation, but was sufficient for burglary of a building. It further concluded that, having overruled its prior decision in Jones, the judgment must be reversed and the case remanded for a new trial on the lesser offense, citing double‑jeopardy limitations. The decision was accompanied by a dissent arguing that the majority should have affirmed the lesser conviction without remand.