Court of Criminal Appeals of Texas

Luther Bernard Forest, Appellant v. the State of Texas

April 14, 19991999 Tex. Crim. App. LEXIS 32

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals and held that the trial court did not err in refusing a lesser‑included aggravated assault instruction because the evidence did not satisfy the second prong of the Royster test, as explained in Harrell. The cause was remanded for further consideration of issues not previously addressed.