GRISSAM v. STATE

No. PD-1532-07.

267 S.W.3d 39 (2008)

Rodger Lou GRISSAM, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

September 10, 2008.


Attorney(s) appearing for the Case

Denise G. Perkins, Granbury, TX, for Appellant.

Jeffrey L. Van Horn, State Prosecuting Attorney, Austin, TX, for State.


WOMACK, J., delivered the opinion of the Court, in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

An indictment accused the appellant of committing burglary of a habitation in each of two ways in which such an offense can be committed: (1) by entering with intent to commit theft or (2) by entering and thereafter committing (or attempting to commit) theft. The trial court's charge to the jury should have explained both kinds...

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