Court of Criminal Appeals of Texas
Irma Irene Jacob, Appellant v. the State of Texas, Appellee
February 1, 19951995 Tex. Crim. App. LEXIS 7
Summary
The Court of Criminal Appeals affirmed that aggravated assault is not a lesser included offense of burglary of a habitation with intent to commit aggravated assault. The decision rests on the statutory definition of "facts required" under Article 37.09(1) of the Texas Code of Criminal Procedure.