Court of Criminal Appeals of Texas

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

July 2, 20032003 Tex. Crim. App. LEXIS 160

Summary

The Court reversed the Court of Appeals, holding that the trial court erred in giving a lesser‑included instruction on sexual assault because the record did not contain any evidence that would allow a rational jury to find the defendant guilty only of the lesser offense. The case is remanded for a determination of harm. Two dissenting opinions argued that the evidence on the knife was sufficient and that the majority’s approach should be overruled.