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.