Day v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the offense of criminal trespass is a lesser[-]included offense of all three types of burglary,” and stating generally that “the elements of criminal trespass, including ‘notice,’ could be established by proof of the same facts necessary to prove the offense of Meru – 5 burglary”
• laying out the elements of criminal trespass as including remaining on property or in a building
• disapproved of on other grounds by Hall v. State, 225 S.W.3d 524, 527–31 (Tex. Crim. App. 2007)
• “it is difficult to imagine a situation where a person would recklessly enter a building or habitation and commit or attempt to commit a felony or theft”
• appellant testified he entered restaurant to investigate what appeared to be a break-in
• op. on reh = g

Source: CourtListener parenthetical corpus (CC0).

Cited by

240 cases in this archive cite this case; the 20 most cited are listed.

• Beck v. Alabama
  Supreme Court· 1980-06-20· cited 2,209×
• Hall v. State
  Court of Criminal Appeals of Texas· 2007-05-09· cited 1,181×
• Aguilar v. State
  Court of Criminal Appeals of Texas· 1985-01-09· cited 410×
• Vick v. State
  Court of Criminal Appeals of Texas· 1999-02-24· cited 385×
• Bell v. State
  Court of Criminal Appeals of Texas· 1985-07-10· cited 312×
• Hayes v. State
  Court of Criminal Appeals of Texas· 1987-04-29· cited 303×
• DeVaughn v. State
  Court of Criminal Appeals of Texas· 1988-04-13· cited 294×
• Thomas v. State
  Court of Criminal Appeals of Texas· 1985-10-09· cited 283×
• Jackson v. State
  Court of Criminal Appeals of Texas· 1977-03-16· cited 271×
• Ex Parte McWilliams
  Court of Criminal Appeals of Texas· 1982-05-12· cited 259×
• Aliff v. State
  Court of Criminal Appeals of Texas· 1982-02-03· cited 255×
• Jacob v. State
  Court of Criminal Appeals of Texas· 1995-02-01· cited 213×
• Goad, Joshua Lee
  Court of Criminal Appeals of Texas· 2011-11-09· cited 207×
• Garrett v. State
  Court of Criminal Appeals of Texas· 1988-04-20· cited 206×
• Denison v. State
  Court of Criminal Appeals of Texas· 1983-05-04· cited 191×
• Ex Parte Cannon
  Court of Criminal Appeals of Texas· 1976-11-10· cited 161×
• Drumm v. State
  Court of Criminal Appeals of Texas· 1977-11-02· cited 150×
• Dowden v. State
  Court of Criminal Appeals of Texas· 1988-09-21· cited 136×
• Callins v. State
  Court of Criminal Appeals of Texas· 1989-09-27· cited 134×
• Moreno v. State
  Court of Criminal Appeals of Texas· 1986-01-08· cited 132×

Cites

20 cases in this archive are cited by this case.

• Thompson v. State
  Court of Criminal Appeals of Texas· 1974-10-30· cited 109×
• Daywood v. State
  Court of Criminal Appeals of Texas· 1952-03-26· cited 96×
• McBrayer v. State
  Court of Criminal Appeals of Texas· 1974-01-23· cited 94×
• Stiles v. State
  Court of Criminal Appeals of Texas· 1975-02-26· cited 68×
• Esparza v. State
  Court of Criminal Appeals of Texas· 1975-02-26· cited 45×
• Wallace v. State
  Court of Criminal Appeals of Texas· 1943-02-24· cited 41×
• Hale v. State
  Court of Criminal Appeals of Texas· 1957-03-06· cited 27×
• Ray v. State
  Court of Criminal Appeals of Texas· 1974-11-13· cited 24×
• Sargent v. State
  Court of Criminal Appeals of Texas· 1975-02-12· cited 22×
• Tomlin v. State
  Court of Criminal Appeals of Texas· 1950-10-25· cited 20×
• Carter v. State
  Court of Criminal Appeals of Texas· 1974-11-13· cited 16×
• Dodson v. Key
  Court of Appeals of Kentucky· 1974-04-19· cited 12×
• Givens v. State
  Texas Supreme Court· 1851-07-01· cited 10×
• Bush v. State
  Court of Criminal Appeals of Texas· 1962-05-30· cited 9×
• Lewis v. State
  Court of Criminal Appeals of Texas· 1972-03-08· cited 7×
• Brown v. State
  Court of Criminal Appeals of Texas· 1964-02-12· cited 7×
• Short v. State
  Court of Criminal Appeals of Texas· 1931-04-22· cited 7×
• Guerra v. State
  Court of Criminal Appeals of Texas· 1926-12-15· cited 6×
• Campbell v. State
  Court of Appeals of Texas· 1886-11-13· cited 5×
• Meaux v. State
  Court of Criminal Appeals of Texas· 1954-03-31· cited 3×