Sue O. Miller, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals held that the trial court erred in refusing a jury instruction on mistake of fact and that the error was not harmless, reversing the Court of Appeals and remanding for further proceedings. The majority concluded that appellant suffered some harm because the jury was not allowed to consider her mistake of fact defense. Justice Campbell, dissenting, argued that the error was harmless under Almanza and would have affirmed the conviction.