August 18, 2006, 08:25
Jamesjury charge
I have a jury trial next week and I am working on the charge.
He is charged with aggravated assault causing SBI.
I have given notice of a deadly weapon finding--but I failed to place the notice in the indictment.
If anyone has a sample jury charge that deals with this unique situation my email is coatty@cmaaccess.com.
The form of notice shouldn't change anything about the jury charge. Notice of a DW finding need not come from the indictment.
August 22, 2006, 04:31
BLeonardI think the charge will be the same as otherwise except that finding the defendant "guilty as charged in the indictment" will not encompass a DW finding. You will definitley need a special issue.
Side issue: because the DW is not plead in the indictment, can/must the D be arraigned on the special issue?