Legal Opinion

Sample v. State

Court of Criminal Appeals of Texas

Decided January 20, 1982No. 60567PublishedCited by 6 opinions

1Opinion of the Court

OPINION

ROBERTS, Judge.

The appellant was found guilty of the offense of resisting arrest; punishment was assessed at confinement for 120 days in the county jail.

The appellant contends that the jury charge contains fundamental error in that it authorized a conviction on theories not alleged in the information. The information alleged that the appellant did:

“intentionally prevent and obstruct I. D. Phillips, a person that the [appellant] knew to be a peace officer from effecting the arrest of the [appellant], by striking I. D. Phillips with his fist.”

*516It is readily apparent that the information…

Also in this document: Dissent.

2Cases cited5 opinions

  1. Cumbie v. StateCourt of Criminal Appeals of Texas · 1979
  2. United States v. Vicente Meneses-DavilaCourt of Appeals for the Fifth Circuit · 1978
  3. Sandig v. StateCourt of Criminal Appeals of Texas · 1979
  4. Rains v. StateCourt of Criminal Appeals of Texas · 1980
  5. Thompson v. StateCourt of Criminal Appeals of Texas · 1979

3Cited by6 opinions

  1. Leos v. State, Texas Court of Appeals, 13th District1994
  2. Mayfield v. State, Texas Court of Appeals, 7th District (Amarillo)1988
  3. Tullous v. State, Texas Court of Appeals, 10th District (Waco)2000
  4. Lang v. StateCourt of Appeals of Texas · 1982
  5. Kelvin Modesto Medina v. State, Texas Court of Appeals, 13th District2007

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