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 overturning the aggravated rape and aggravated kidnapping convictions because the rape indictment omitted a culpable mental state and the kidnapping conviction violated the carving doctrine, while affirming the aggravated robbery conviction as the indictment was sufficient and the guilty plea was voluntary. Two dissenting opinions argue that the carving doctrine should not be abandoned and that the majority erred in granting relief.