# Royster v. State

> Court of Criminal Appeals of Texas · September 23, 1981 · 622 S.W.2d 442

URL: https://www.frixlaw.com/law-library/cases/9684592

## Case

- **Full name:** David ROYSTER, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** September 23, 1981
- **Citations:** 622 S.W.2d 442; 1981 Tex. Crim. App. LEXIS 1151
- **Precedential status:** Published
- **Opinion:** Concurrence by Dally
- **Judges:** Dally, Davis, Clinton, Odom, Roberts, Teague
- **Cited by:** 679 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9684592

## How later opinions describe it (automated extraction)

- holding that defendant was not entitled to charge on lesser-included offense of aggravated assault when only evidence was that the victim saw defendant run off with a woman’s purse, the victim gave chase, and the defendant slashed at him with a knife
- explaining that, depending upon the facts proven, aggravated assault can be a lesser included offense of aggravated robbery
- explaining that depending upon facts proven, aggravated assault can be lesser included offense of aggravated robbery
- holding adopted by majority of court in Aguilar v. State, 682 S.W.2d 556 (Tex.Crim.App.1985)

## Opinion text

DALLY, Judge,
concurring.
I cannot agree that the Daywood-MeBrayer rule is correct. I adhere to my views and the test set out on original submission.
ODOM, J., joins.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9684592. Public record. Not legal advice.