Legal Opinion
Cada v. State
Court of Criminal Appeals of Texas
Decided February 9, 2011No. PD-0754-10PublishedCited by 192 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
We granted review of this retaliation case to determine whether a variance between the indictment allegation of one statutory element — the description of the complainant as “a witness” — is material when the proof shows that the complainant was either a “prospective witness” or “an informant” — two different statutory elements. 1 The court of appeals decided that this variance was immaterial and the evidence therefore legally sufficient to support appellant’s conviction of retaliation. 2 We hold that a variance between the pleading of one statutory element (“a witness”) and proof of a…
3Cases cited23 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Malik v. StateCourt of Criminal Appeals of Texas · 1997
- Curry v. StateCourt of Criminal Appeals of Texas · 2000
- Gollihar v. StateCourt of Criminal Appeals of Texas · 2001
- Kitchens v. StateCourt of Criminal Appeals of Texas · 1991
18 more not listed; retrieve them via the Exa API.
4Cited by192 opinions
- Johnson v. StateCourt of Criminal Appeals of Texas · 2012
- Thomas v. StateCourt of Criminal Appeals of Texas · 2014
- Rabb, Richard LeeCourt of Criminal Appeals of Texas · 2014
- Geick v. StateCourt of Criminal Appeals of Texas · 2011
- Ramjattansingh v. StateCourt of Criminal Appeals of Texas · 2018
187 more not listed; retrieve them via the Exa API.