Court of Criminal Appeals of Texas
Philip Carey Brasfield, Appellant v. the State of Texas, Appellee
June 18, 19801980 Tex. Crim. App. LEXIS 1266
Summary
The Court of Criminal Appeals of Texas affirmed the sufficiency of the evidence supporting the conviction but reversed the death‑penalty assessment and held the indictment defective for failing to name the kidnapping victim, ordering a new trial on an amended indictment. Separate dissenting opinions argue that the amendment issue is a matter of form, not substance, and that the indictment is sufficient.