William R. Marable, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the conviction, holding that the indictment gave sufficient notice of the State's theory of culpability for delivery of a controlled substance and that the evidence supported a conviction under the law of parties. Justice WOMACK dissented, arguing that the indictment failed to allege the party theory and that the trial court erred by charging the jury on that unpleaded theory.