Court of Criminal Appeals of Texas

The State of Texas, Appellant v. Homer Carter, Appellee

June 12, 1991810 S.W.2d 197

Summary

The Court of Criminal Appeals held that, when a defendant timely moves to quash a DWI information, the charging instrument must specify which statutory definition of "intoxicated" the State will rely on and which type of intoxicant is alleged, reversing the appellate court and ordering dismissal of the information. Justice McCormick dissented, arguing that such detailed allegations are not required by the Texas Constitution.