Court of Criminal Appeals of Texas
Shantee D. Hayward, Appellant v. the State of Texas
March 2, 20052005 Tex. Crim. App. LEXIS 266
Summary
The Court held that assault using fists is not a lesser‑included offense of murder by stabbing, so the trial court did not err in denying the lesser‑included offense instruction; it reversed the Court of Appeals' reversal and remanded for further review.