“Where the appellant relies on the defense of complete denial[,] there is no rational basis for giving instructions on lesser-included offenses and the trial court is correct to refuse such instructions.”
How later courts described this case
- “Where the appellant relies on the defense of complete denial[,] there is no rational basis for giving instructions on lesser-included offenses and the trial court is correct to refuse such instructions.”
Written by the judges who cited it.
The opinion
SUPPLEMENTAL OPINION ON DENIAL OF REHEARING SEPTEMBER 28, 1994
883 S.W.2d 854
Petition for Rehearing denied.
John Wesley Hall, Jr., P.A., by: Craig Lambert, for appellant.
Winston Bryant, Att’y Gen., by: Kent G. Holt, Asst. Att’y Gen., for appellee.
Per Curiam. Petition for rehearing is denied.
Cooper, J., not participating.