Tex. Code Crim. Proc. art. 4.06 : CODE OF CRIMINAL PROCEDURE — CODE OF CRIMINAL PROCEDURE — COURTS AND CRIMINAL JURISDICTION — When Felony Includes Misdemeanor TEXT PDF 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. Tex. Code Crim. Proc. § 4.06 Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.