Julian Mars McKithan & Ralph Franklin Welsh, Appellants v. the State of Texas

Summary

The Court of Criminal Appeals affirmed that offensive-contact assault is not a lesser‑included offense of either bodily‑injury assault or aggravated sexual assault, and that bodily‑injury assault is not a lesser‑included offense of aggravated sexual assault. The decision rests on the cognate‑pleadings approach and functional‑equivalence analysis under Article 37.09(1). A concurring opinion agreed with this reasoning.