October 21, 2014, 15:45
CHolland2013-2015 Charging Manual
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?
October 22, 2014, 08:16
Andrea WIs 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.
October 22, 2014, 17:09
Martin PetersonI 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.