Charles Ray Irving, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals and affirmed the trial court’s aggravated‑assault conviction, holding that the trial court did not err by refusing a lesser‑included‑offense instruction because the conduct underlying simple assault was not included in the charged aggravated‑assault conduct. The Court also clarified the test for a lesser‑included instruction under Art. 37.09.