Court of Criminal Appeals of Texas

Robert Delgado, Appellant v. the State of Texas, Appellee

September 24, 1986718 S.W.2d 724

Summary

The Texas Court of Criminal Appeals affirmed the Houston Court of Appeals, holding that a charging instrument for evading arrest must allege that the defendant knew the peace officer was attempting to arrest him; the information was defective for omitting this element. A dissent argued the majority improperly added a legislative requirement, while a concurrence agreed with the majority's holding.