# 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/9674073

## 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:** Dissent by Douglas
- **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/9674073

## 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

DOUGLAS, Judge
(dissenting opinion on State’s Motion for Rehearing).
In addition to the reasons set out in the dissenting opinions on original submission, appellant’s testimony does not show a criminal trespass. According to the testimony of appellant, he went into the building rightfully in the early morning hours to call officers to report a burglary. After the entry, he committed the crime of theft. No crime of criminal trespass was alleged and no such crime was proved by appellant’s testimony.
The court did not err in refusing to submit a charge on a lesser included offense.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9674073. Public record. Not legal advice.