Walter Hampton, Jr., Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals' judgment, holding that the record did not contain evidence sufficient to satisfy the second prong of the Rousseau test and therefore the trial court erred in giving a jury instruction on the lesser‑included offense of sexual assault. The reversal is based on the finding that no affirmative evidence showed the knife was not used, leaving the jury without a rational basis to convict only of the lesser offense. The decision was accompanied by dissenting opinions arguing that the officers' testimony about the missing knife constituted sufficient evidence and that the lesser‑included charge should not have been submitted. The case is remanded for a determination of harm.