Court of Criminal Appeals of Texas

Texas Penal Code section 6.04(b)(1) authorizes the transfer of a culpable mental state between offenses contained in the same statute and also between greater and lesser included offenses. However, such authorization may be overridden by language defining a particular offense, as in the offense of capital murder. Finally, where section 6.04(b)(1) permits the transfer of a culpable mental state, mistake of fact may be raised as a defense.

Appellate Information

• Decided 06/27/2007
• Published 06/27/2007

Judges

• KELLER, P.J., delivered the opinion of the Court in which MEYERS, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Terrence W. Kirk, Austin, for Appellant., Carl Bryan Case, Jr., Asst. D.A., Matthew Paul, State's Attorney, Austin for State.