Art. 37.09. LESSER INCLUDED OFFENSE.  An offense is a lesser included offense if:
(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged;
(2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission;
(3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission;  or
(4) it consists of an attempt to commit the offense charged or an otherwise 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.