Robert L. Gorman, Appellant v. the State of Texas, Appellee

Summary

The Court reversed Gorman’s third‑degree felony theft conviction and dismissed the indictment because the indictment failed to give adequate notice of the specific manner of appropriation charged. Applying the rule from Ferguson, the Court held that when a statutory definition provides multiple ways to commit the offense, the State must allege the particular manner upon a timely request. A dissent was entered, but the majority’s holding stands as the controlling decision.