Court of Criminal Appeals of Texas

The determination of whether the allegation of a greater offense includes a lesser offense should be made by comparing the elements of the greater offense, as the state pled it in the indictment, with the elements in the statute that defines the lesser offense.

Appellate Information

• Decided 05/09/2007
• Published 05/09/2007

Judges

• WOMACK, J., delivered the opinion of the Court, in which MEYERS, PRICE, JOHNSON, and COCHRAN, JJ., joined.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Sue Korioth, Dallas, for Appellant., Anne Wetherhold, Asst. District Atty., Dallas, Matthew Paul, State's Atty., Austin, for State.