Court of Criminal Appeals of Texas

James Earl Eldred, Appellant v. the State of Texas, Appellee

March 28, 19791979 Tex. Crim. App. LEXIS 1581

Summary

The Court affirmed the aggravated robbery conviction, holding that the trial court was not required to give a lesser‑included offense instruction on theft because the record did not show that, if guilty, the appellant was guilty only of theft. The dissent argued the opposite, contending that the evidence warranted a theft instruction.