State v. Carter

As a general rule, a charging instrument that tracks the language of a penal statute is legally sufficient to inform the accused of the nature of the charges against him. Marrs v. State, 647 S.W.2d 286 (Tex.Cr.App.1983). When the Legislature establishes offenses and further defines the terms and elements of these offenses, “the definitions of the terms and elements are essentially evidentiary and need not be alleged in the indictment.” Thomas v. *201State, 621 S.W.2d 158, 161 (Tex.Cr.App.1981) (Opinion on Rehearing). An exception to this rule occurs when an element of the offense proscribes…