Upon the trial of a felony case, the court shall hear and determine the case as to any grade of offense included in the indictment, whether the proof shows a felony or a misdemeanor.
Tex. Code Crim. Proc. art. 4.06
WHEN FELONY INCLUDES MISDEMEANOR
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.