Court of Criminal Appeals of Texas

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

June 12, 1991810 S.W.2d 197

Summary

The Texas Court of Criminal Appeals held that, when a defendant moves to quash an information for lack of notice, the charging instrument must specify which statutory definition of "intoxicated" and which type of intoxicant the State intends to prove. The Court reversed the appellate court and ordered the information dismissed. Justice White dissented, arguing that the constitutional notice requirement does not demand such specificity.