Morris Louis Lofton, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas 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 it reversed the Third Court of Appeals' decision, affirming the assault conviction. The Court applied the two‑prong test and found the second prong unsatisfied. Justice Meyers dissented, arguing that the evidence could support a resisting‑arrest instruction and that the majority erred in its analysis.