Legal Opinion

Ex Parte Patterson

Court of Criminal Appeals of Texas

Decided October 21, 1987No. 69813PublishedCited by 182 opinions

1Opinion of the Court

OPINION

CLINTON, Judge.

Before us in this application for writ of habeas corpus filed pursuant to Article 11.-07, V.A.C.C.P., is a question expressly left open in Polk v. State, 693 S.W.2d 391 (Tex.Cr.App.1985), viz: what notice, if any, must appear in an indictment to support submission of a special issue to the jury as to whether a deadly weapon was used or exhibited during the commission of the alleged offense.

In a two paragraph indictment applicant was charged with the murder of Junior Aaron Newton, “by stabbing him with a knife,” in the first paragraph, V.T.C.A. Penal Code, § 19.02(a)(1),…

Also in this document: Concurrence.

2Cases cited37 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  4. Goldberg v. KellySupreme Court of the United States · 1970
  5. Fuentes v. ShevinSupreme Court of the United States · 1972

32 more not listed; retrieve them via the Exa API.

3Cited by182 opinions

  1. Brooks v. StateCourt of Criminal Appeals of Texas · 1997
  2. Villescas v. StateCourt of Criminal Appeals of Texas · 2006
  3. Chimney v. State, Texas Court of Appeals, 10th District (Waco)1999
  4. Ex Parte McKithanCourt of Criminal Appeals of Texas · 1992
  5. Luken v. StateCourt of Criminal Appeals of Texas · 1989

177 more not listed; retrieve them via the Exa API.

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