The State of Texas, Appellee v. Ronald Gustave Murk, Appellant

Summary

The Court reversed the Court of Appeals and affirmed the trial court's conviction, holding that the appellant did not waive his error claim because the defect in the information arose on the day of trial, not before trial, and thus Article 1.14(b) waiver rules did not apply. The dissent argued the waiver rule was misapplied and urged remand on Rule 52(a).