Legal Opinion
Patton v. State
Texas Court of Appeals, 4th District (San Antonio)
Decided August 7, 1985No. 04-83-00581-CRPublishedCited by 6 opinions
1Opinion of the Court
OPINION
Before CANTU, TIJERINA and DIAL, JJ. DIAL, Justice.
This is an appeal from a conviction for the offense of murder following a jury trial. Punishment was assessed by the court at fifteen years’ confinement.
The first ground of error is that the evidence is insufficient to sustain the conviction as there was a material variance between the indictment and the proof as to the manner of death.
The pertinent portion of the indictment alleges:
[O]n or about the 15TH day of OCTOBER, A.D., 1982, HERBERT PATTON did then and there intentionally and knowingly cause the death of an individual, VANESSA…
2Cases cited10 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Dobbert v. FloridaSupreme Court of the United States · 1977
- Hankins v. StateCourt of Criminal Appeals of Texas · 1983
- Cunningham v. StateCourt of Criminal Appeals of Texas · 1972
- Payne v. StatedCourt of Criminal Appeals of Texas · 1972
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Davidson v. State, Texas Court of Appeals, 7th District (Amarillo)1987
- Flores v. State, Texas Court of Appeals, 4th District (San Antonio)1987
- Salazar v. State, Texas Court of Appeals, 13th District1986
- Salazar v. State, Texas Court of Appeals, 13th District1986
- State v. CampbellIdaho Court of Appeals · 1988
1 more not listed; retrieve them via the Exa API.