Court of Criminal Appeals of Texas

Elmer Dwayne Blankenship, Appellant v. the State of Texas, Appellee

November 15, 19891989 Tex. Crim. App. LEXIS 203

Summary

The Court of Criminal Appeals of Texas reversed the burglary of a habitation conviction, holding that the evidence was insufficient to prove the premises were a habitation under the Jones standard, and remanded for entry of an acquittal. A dissent argued the majority improperly redefined habitation and should have affirmed the conviction.