Blevins v. State

Recently the Court of Criminal Appeals in Clark v. State, 665 S.W.2d 476 (Tex.Crim.App.1984), once again set forth the rule of court-made law which says that: “when the State alleges unnecessary matter in an indictment or information which is descriptive of an essential element of the crime, such descriptive matter must be proven as alleged even though needlessly stated.” Because we are an intermediate Court, we are required to follow the rule laid down by the Court of Criminal Appeals and reverse the appellant’s convictions. I believe that this rule has been inconsistently, improvidently,…