Art. 37.08. CONVICTION OF LESSER INCLUDED OFFENSE.  In a prosecution for an offense with lesser included offenses, the jury may find the defendant not guilty of the greater offense, but guilty of any lesser included offense.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 972, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.