# Day v. State

> Court of Criminal Appeals of Texas · February 4, 1976 · 532 S.W.2d 302

URL: https://www.frixlaw.com/law-library/cases/9674072

## Case

- **Full name:** William DAY, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** February 4, 1976
- **Citations:** 532 S.W.2d 302
- **Precedential status:** Published
- **Opinion:** Concurring in part by Morrison
- **Judges:** Onion, Roberts, Odom, Douglas, Morrison
- **Cited by:** 302 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Hall v. State, 2007 Tex. Crim. App. LEXIS 625 (2007).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9674072

## How later opinions describe it (automated extraction)

- holding that “the offense of criminal trespass is a lesser[-]included offense of all three types of burglary,” and stating generally that “the elements of criminal trespass, including ‘notice,’ could be established by proof of the same facts necessary to prove the offense of b…

## Opinion text

MORRISON, Judge
(concurring in part and dissenting in part on State’s Motion for Rehearing).
I agree with and congratulate my brother ODOM on the scholarly part II of his opinion.
I do not agree, however, that the evidence in this case raises the issue of criminal trespass, and therefore must vigorously dissent to part I of the opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9674072. Public record. Not legal advice.