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

Summary

The Texas Court of Criminal Appeals held that the appellant did not waive his error claim because the defect in the information arose only on the day of trial, so Article 1.14(b) did not apply; the State's amendment of the information was not authorized by Article 28.10, but the error was not waived, and the trial court's judgment was affirmed. Justice Clinton dissented, arguing that Article 1.14(b) was not implicated and that the majority improperly applied Rule 52(a).