My DEF drove the getaway car, for a purse snatcher. He is charged with theft. Snacher drops purse before he gets in car. Information alledges DEF unlawfull approprated the property ect.ect.

Do I need to amend with any specific language to invoke the law of Parties?

In college I knew all the laws of parties...but now I have forgotten.

In college I knew a lot about parties also.

Larry Dean, I saw the movie, so I know that parties in Wyoming are a bit different from the ones we have around here.

As to the actual question: no, there is nothing in the charging instrument to invoke party theory, it is evidentiary - so start figuring out your voir dire.

In case you need a cite: "It was not necessary that the State plead the law of parties in the indictment." Montoya, 810 S.W.2d at 165;Williams, 676 S.W.2d at 401. "The trial court may charge on the law of parties when raised by the evidence even if there is no such allegation in the indictment." Id.

That said, I often do plead the law of parties because it reminds you of the theory you are relying on and sounds better (makes more sense) when read to the jury. Furthermore, the stipulation (judicial confession) can be correctly prepared from the indictment in the event of a guilty plea. There is nothing wrong with pleading a 7.02 allegation even if you satisfy the notice of the nature of the case constitutional requirement without it.

And you probably know all of this, but a very clear and explanatory voir dire is the key to trying a parties case. I have found few jurors who have any problem with the concept once explained, and be sure to read the law, explain the charge and how the defendant is dealt with in the charge.

You probably already know this.

A few years ago, Judge Womack on the CCA wrote a dissent on this issue, arguing that the indictment should allege party language. The majority rejected his view. I don't think Judge Womack pled party language when he was an assistant DA in Williamson County.

Having noted all that, I agree that if you know for sure that the defendant acted as a party, it doesn't hurt to put in the indictment/information that the "as a principal or party" ...

I have added "acting as a party" to indictments in the past because it simplifies voir dire and makes the jury charge easier for the jury to understand.

Thanks everone I learned alot with little effort on my part.

Whitney, anybody from Wyoming knows that when there are 500 sheep in the area, there is by definition a party, and no need to seek alternative entertainment, so I find the movie was most likely fictional.

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