Court of Criminal Appeals of Texas

Patrick Denison, Jr., Appellant v. the State of Texas, Appellee

May 4, 19831983 Tex. Crim. App. LEXIS 993

Summary

The Court affirmed the burglary of a habitation conviction, holding that the evidence established the requisite intent to commit rape and that the indictment sufficiently alleged all required elements. It also found the trial court did not err in refusing lesser‑included offense instructions, voluntariness or insanity instructions, or in admitting certain evidence and jury argument. Justice TEAGUE dissented, arguing the evidence was insufficient to prove intent to commit forcible sexual intercourse, and Justice ODOM dissented, contending the prosecutor's jury arguments were improper.