When the same conduct violates more than one penal statute, I have always thought it best to set forth both crimes in separate paragraphs of the indictment. Occasionally prosecutors have been forced to rely on the idea that the offense proved was a lesser-included of that alleged and thus available as a basis for conviction- even though it might have an element differing from the "greater" offense. I have been watching closely for how the CCA will resolve Hall, No. PD-1594-02 and Zorn, No. PD-0936-02. The court has been in no hurry!

But, today the Appellant's PDR in Zorn was dismissed (although the opinion of the Tyler court is clearly inconsistent with the decision of the Dallas court in Hall). Does this mean that Jacob is likely to be overruled or modified?