Court of Criminal Appeals of Texas

Charles Ray Doyle, Appellant v. the State of Texas, Appellee

April 28, 19821982 Tex. Crim. App. LEXIS 916

Summary

The Court of Criminal Appeals reversed Charles Ray Doyle’s conviction for unlawful possession of a firearm by a felon because the trial court’s jury charge omitted the required culpable mental state in the application paragraph, constituting fundamental error. The reversal was based on the principle that essential elements of an offense must be included in the charge to satisfy statutory and constitutional requirements. The opinion also contains dissenting and concurring writings that dispute or support the majority’s approach to the charge error.