"Article 21.15 does not keep the parties from submitting a lesser included offense with a reckless culpable mental state to the jury. However, when recklessness is left out of the indictment for the charged offense, and no lesser included offense is submitted to the jury (as in this case and in Wilson) then Article 21.15 precludes the inclusion of recklessness or criminal negligence in the jury instructions for the charged offense."
May 26, 2003 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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