Court of Criminal Appeals of Texas

Raymond Edmund Lapoint, Appellant v. the State of Texas, Appellee

May 4, 19881988 Tex. Crim. App. LEXIS 83

Summary

The Court held that the trial judge's jury instruction creating a presumption that nighttime breaking and entering implies intent to commit theft was erroneous and, because the error was harmful, the appellant's conviction was reversed and the Court of Appeals' decision was affirmed. Justice Teague concurred in the error finding but dissented that the error caused any harm and argued the case should be remanded for the appellate court to follow the Court's prior mandate.