McCardell v. State

In affirming the appellant’s conviction the majority overrules appellant’s second ground of error and holds that the trial judge did not err by refusing to charge the jury on the lesser included offense. I believe that the majority’s disposition of this contention is not only wrong, but illogical. I would reverse.

I

What follows is the opinion originally prepared and submitted to this Court by the Honorable Howard P. Green, Commissioner for the Court. I adopt it as Part I of my dissent.

“In a trial before a jury appellant was convicted of burglary of a building. V.T. C.A. Penal Code, Sec.…