Court of Criminal Appeals of Texas

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

September 18, 20022002 Tex. Crim. App. LEXIS 168

Summary

The Court affirmed the conviction, holding that the indictment gave the appellant sufficient notice of the State's theory of culpability for delivery of a controlled substance, even though the law of parties was not pled. The opinion explained that the law of parties need not be alleged in the indictment and that the evidence supported a finding of actual transfer, citing Miller and Heberling. A dissent argued that the indictment must allege criminal responsibility for another's conduct.