Court of Criminal Appeals of Texas
Ex Parte Nancy Marie Beck.
March 22, 19891989 Tex. Crim. App. LEXIS 58
Summary
The Court held that an indictment alleging a homicide by shooting with a gun provides sufficient notice that the weapon will be a deadly weapon issue, satisfying the notice requirement of Ex parte Patterson and overruling Patterson to the extent of conflict. The petition for habeas relief was denied and the judgment of conviction affirmed. Justice Teague dissented, arguing the majority’s broad notice rule is improper, and Judge Clinton concurred, defending Patterson’s notice requirement.