TDCAA Community
jury charge

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/6231046531

August 18, 2006, 08:25
James
jury 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.
August 18, 2006, 08:43
JB
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
BLeonard
I 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?