Court of Criminal Appeals of Texas

Morris Louis Lofton, Appellant v. the State of Texas

May 2, 20012001 Tex. Crim. App. LEXIS 31

Summary

The Court held that the trial court was correct in refusing a lesser‑included offense instruction on resisting arrest because the evidence did not raise that issue, and therefore reversed the Court of Appeals and affirmed the conviction. Justice Meyers dissented, arguing that the two interpretations must be mutually exclusive and that evidence of non‑injurious force warranted the instruction.