indictment alleging factors in Texas

6 Texas opinions name it 2 courts 1969–2008 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Gollihar v. Stategreen texcrimapp · 2001 · cited in 3 Texas opinions naming this issue, 2008–2008 2 sentences 2008Because the name of the investigation can be considered an extra detail in an indictment alleging a violation under section 37.09(a)(1), this situation could be analyzed under sur-plusage law, had that rule not been overruled by this Court in Gollihar v. State, 46 S.W.3d 243, 256-57 (Tex.Crim.App.2001). 2008Because the name of the investigation can be considered an extra detail in an indictment alleging a violation under section 37.09(a)(1), this situation could be analyzed under surplusage law, had that rule not been overruled by this Court in Gollihar v. State , 46 S.W.3d 243, 256-57 (Tex. Crim.	3	3
Williams v. Stategreen texcrimapp · 1978 · cited in 2 Texas opinions naming this issue, 1981–1990 2 sentences 1990The Fourth Court cited McNeal and Williams v. State, 567 S.W.2d 507, 509 (Tex.Crim.App.1978), in which the Court of Criminal Appeals clearly held that the doctrine of transferred intent applied to § 19.02(a)(1). 1981Williams v. State, 567 S.W.2d 507 (Tex.Cr.App.1978); McNeal v. State, 600 S.W.2d 807 (Tex.Cr.App.1980).	1	2
Santana v. Stategreen texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2008–2008 2 sentences 2008See also Santana v. State, 59 S.W.3d 187, 195 (Tex. Crim.App.2001) (stating, "We explicitly overruled the surplusage rule and the Burrell exception in Gollihar . "). 2008See also Santana v. State, 59 S.W.3d 187, 195 (Tex.Crim.App.2001) (stating, "We explicitly overruled the surplusage rule and the Burrell exception in Gollihar.”).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
McNeal v. State green texcrimapp · 1980 1 sentence 1981Williams v. State, 567 S.W.2d 507 (Tex.Cr.App.1978); McNeal v. State, 600 S.W.2d 807 (Tex.Cr.App.1980).	1	1981–1981
Donald v. State green texcrimapp · 1957 2 sentences 1969As to the indictment alleging factors tolling the statute of limitation see Donald v. State, 165 Tex.Cr.R. 252 , 306 S.W.2d 360 . . 1969As to the indictment alleging factors tolling the statute of limitation see Donald v. State, 165 Tex.Cr.R. 252 , 306 S.W.2d 360 . .	1	1969–1969
Kiney Joseph Davis v. Dr. George J. Beto, Director, Texas Department of Corrections green ca5 · 1966 2 sentences 1969As to the indictment alleging factors tolling the statute of limitation see Donald v. State, 165 Tex.Cr.R. 252 , 306 S.W.2d 360 . [2] Davis v. Beto, 368 F.2d 999 (5th Cir.) cert. denied, 386 U.S. 1040 , 87 S.Ct. 1498 , 18 L.Ed.2d 608 , and Flores v. Beto, 374 F.2d 225 (5th Cir.) cert. denied, 387 U.S. 948 , 87 S.Ct. 2087 , 18 L.Ed.2d 1338 , appear to hold that Aguilar v. Texas will apply only to cases not final prior to June 15, 1964, the date of the decision in Aguilar, though in Davis v. Beto the court stated "that the Aguilar rule should not be applied in any case where the challenged searc 1969Davis v. Beto, 368 F.2d 999 (5th Cir.) cert. denied, 386 U.S. 1040 , 87 S.Ct. 1498 , 18 L.Ed.2d 608 , and Flores v. Beto, 374 F.2d 225 (5th Cir.) cert. denied, 387 U.S. 948 , 87 S.Ct. 2087 , 18 L.Ed.2d 1338 , appear to hold that Aguilar v. Texas will apply only to cases not final prior to June 15, 1964, the date of the decision in Aguilar, though in Davis v. Beto the court stated “that the Aguilar rule should not be applied in any case where the challenged search was made prior to the Mapp decision (June 19, 1961) and perhaps prior to the Aguilar decision.” (June 15, 1964).	1	1969–1969
Joe Flores v. Dr. George J. Beto, Director, Texas De Partment of Corrections neutral ca5 · 1967 2 sentences 1969As to the indictment alleging factors tolling the statute of limitation see Donald v. State, 165 Tex.Cr.R. 252 , 306 S.W.2d 360 . [2] Davis v. Beto, 368 F.2d 999 (5th Cir.) cert. denied, 386 U.S. 1040 , 87 S.Ct. 1498 , 18 L.Ed.2d 608 , and Flores v. Beto, 374 F.2d 225 (5th Cir.) cert. denied, 387 U.S. 948 , 87 S.Ct. 2087 , 18 L.Ed.2d 1338 , appear to hold that Aguilar v. Texas will apply only to cases not final prior to June 15, 1964, the date of the decision in Aguilar, though in Davis v. Beto the court stated "that the Aguilar rule should not be applied in any case where the challenged searc 1969Davis v. Beto, 368 F.2d 999 (5th Cir.) cert. denied, 386 U.S. 1040 , 87 S.Ct. 1498 , 18 L.Ed.2d 608 , and Flores v. Beto, 374 F.2d 225 (5th Cir.) cert. denied, 387 U.S. 948 , 87 S.Ct. 2087 , 18 L.Ed.2d 1338 , appear to hold that Aguilar v. Texas will apply only to cases not final prior to June 15, 1964, the date of the decision in Aguilar, though in Davis v. Beto the court stated “that the Aguilar rule should not be applied in any case where the challenged search was made prior to the Mapp decision (June 19, 1961) and perhaps prior to the Aguilar decision.” (June 15, 1964).	1	1969–1969
Shaw v. New Jersey green scotus · 1967 2 sentences 1969As to the indictment alleging factors tolling the statute of limitation see Donald v. State, 165 Tex.Cr.R. 252 , 306 S.W.2d 360 . [2] Davis v. Beto, 368 F.2d 999 (5th Cir.) cert. denied, 386 U.S. 1040 , 87 S.Ct. 1498 , 18 L.Ed.2d 608 , and Flores v. Beto, 374 F.2d 225 (5th Cir.) cert. denied, 387 U.S. 948 , 87 S.Ct. 2087 , 18 L.Ed.2d 1338 , appear to hold that Aguilar v. Texas will apply only to cases not final prior to June 15, 1964, the date of the decision in Aguilar, though in Davis v. Beto the court stated "that the Aguilar rule should not be applied in any case where the challenged searc 1969Davis v. Beto, 368 F.2d 999 (5th Cir.) cert. denied, 386 U.S. 1040 , 87 S.Ct. 1498 , 18 L.Ed.2d 608 , and Flores v. Beto, 374 F.2d 225 (5th Cir.) cert. denied, 387 U.S. 948 , 87 S.Ct. 2087 , 18 L.Ed.2d 1338 , appear to hold that Aguilar v. Texas will apply only to cases not final prior to June 15, 1964, the date of the decision in Aguilar, though in Davis v. Beto the court stated “that the Aguilar rule should not be applied in any case where the challenged search was made prior to the Mapp decision (June 19, 1961) and perhaps prior to the Aguilar decision.” (June 15, 1964).	1	1969–1969
Prendez v. California green scotus · 1967 2 sentences 1969As to the indictment alleging factors tolling the statute of limitation see Donald v. State, 165 Tex.Cr.R. 252 , 306 S.W.2d 360 . [2] Davis v. Beto, 368 F.2d 999 (5th Cir.) cert. denied, 386 U.S. 1040 , 87 S.Ct. 1498 , 18 L.Ed.2d 608 , and Flores v. Beto, 374 F.2d 225 (5th Cir.) cert. denied, 387 U.S. 948 , 87 S.Ct. 2087 , 18 L.Ed.2d 1338 , appear to hold that Aguilar v. Texas will apply only to cases not final prior to June 15, 1964, the date of the decision in Aguilar, though in Davis v. Beto the court stated "that the Aguilar rule should not be applied in any case where the challenged searc 1969Davis v. Beto, 368 F.2d 999 (5th Cir.) cert. denied, 386 U.S. 1040 , 87 S.Ct. 1498 , 18 L.Ed.2d 608 , and Flores v. Beto, 374 F.2d 225 (5th Cir.) cert. denied, 387 U.S. 948 , 87 S.Ct. 2087 , 18 L.Ed.2d 1338 , appear to hold that Aguilar v. Texas will apply only to cases not final prior to June 15, 1964, the date of the decision in Aguilar, though in Davis v. Beto the court stated “that the Aguilar rule should not be applied in any case where the challenged search was made prior to the Mapp decision (June 19, 1961) and perhaps prior to the Aguilar decision.” (June 15, 1964).	1	1969–1969

Statutes the citing opinions construe

TX § Tex. Penal Code § 37.09 (3) TX § Tex. Penal Code § 6.03 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 6 (1969–2008) NC 3 (2007–2012) GA 2 (1993–2006) IA 2 (2015–2015) OH 2 (1984–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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