In Re STATE of Texas Ex Rel. David P. WEEKS

in which MEYERS, JOHNSON, KEASLER, HERVEY, COCHRAN and ALCALÁ, JJ., joined.

The present mandamus action arises from a capital-murder prosecution that has reached the jury-charge portion of the guilt stage of trial. The trial judge’s proposed charge would submit to the jury the “conspiracy” theory of the law of parties1 but not the “intent to promote or assist” theory of the law of parties.2 Moreover, in submitting the “conspiracy” theory, the trial judge’s proposed charge would require the State to prove that the defendant should have anticipated the particular manner and means by which his…