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

Summary

The Court held that the evidence was insufficient to prove the structure was a "habitation" under Texas Penal Code §30.01(1), reversing the conviction and remanding for entry of a judgment of acquittal; Justice McCormick dissented, arguing the majority improperly redefined habitation and should have affirmed the conviction.