Court of Criminal Appeals of Texas March 2, 2005, PD-2081-03 (Hayward v. State)

OPINION

PRICE, J.,

delivered the opinion of the Court,

in which MEYERS, WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The State charged the appellant with committing murder by stabbing the victim. The appellant requested a lesser-included offense instruction for assault because she said in a statement that she had only hit the victim with her fists and wrestled with him.