Court of Criminal Appeals of Texas

Ex Parte Stephen A. McWILLIAMS

May 12, 19821982 Tex. Crim. App. LEXIS 891

Summary

The Court granted habeas relief by vacating the aggravated rape conviction because the indictment omitted a culpable mental state, and by setting aside the aggravated kidnapping conviction under the carving doctrine, while affirming the aggravated robbery conviction. Separate dissenting opinions contest the abandonment of the carving doctrine and the finding that the rape indictment was defective.