Art. 4.06. WHEN FELONY INCLUDES MISDEMEANOR. Upon the trial of a felony case, the court shall hear and determine the case as to any grade of offense included in the indictment, whether the proof shows a felony or a misdemeanor. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
When Felony Includes Misdemeanor
Tex. Code of Criminal Procedure § 4.06, under Courts and Criminal Jurisdiction.
Tex. Code of Criminal Procedure § 4.06