In a prosecution for an offense with lesser included offenses, the jury may find the defendant not guilty of the greater offense, but guilty of any lesser included offense.
Tex. Code Crim. Proc. art. 37.08
CONVICTION OF LESSER INCLUDED OFFENSE
Applied in 1 court decision — leading case Hagans v. State (1989)
Most recently applied in Hagans v. State (June 1989)
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.