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I don't know why I'm just noticing this...but I was signing Informations today and noticed that they all say "intentionally and knowingly." When I checked the 2013-2015 Charging Manual, that's how they have all the crimes charged, as "intentionally, knowingly, and recklessly." Why the change? Surely no one is charging this way, right?
 
Posts: 27 | Location: Cass County, Texas | Registered: May 03, 2010Reply With QuoteReport This Post
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Is that a change from previous years? It's pretty common to plead in the conjunctive and charge in the disjunctive. That's how all our charging instruments are.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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I recently wrote this in a case where the appellant alleged that there was a failure of proof because not only the indictment, but also the charge, was worded in the conjunctive: "It seems 'and' was used [in the indictment] as a holdover from the reasoning in such cases as Wilson v. State, 151 Tex. Crim. 570, 209 S.W.2d 598 (1948). Cf. Krebsbach v. State, 962 S.W.2d 728, 730-32 (Tex. App.-Amarillo 1998, pet. ref'd)."

Because of the problem that arose in that case and because use of "and" serves no real purpose, I think Cass County's stance is the better approach.
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
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