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In Re State of Texas Ex Rel. David P. Weeks

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Keller, P.J., delivered the opinion of the Court in which Meyers, Johnson, Keasler, Hervey, Cochran and Alcala, JJ., joined. Price, J., filed a dissenting opinion in which Womack, J., joined.

The present mandamus action arises from a capital-murder prosecution that has reached the jury-charge portion of the guilt stage of trial. The trial judge’s proposed charge would submit to the jury the “conspiracy” theory of the law of parties*fn1 but not the “intent to promote or assist” theory of the law of parties.*fn2 Moreover, in submitting the “conspiracy” theory, the trial judge’s proposed charge would require the State to prove that the defendant should have anticipated the particular manner and means by which his co-conspirator killed the victim. The State seeks the issuance of a writ of mandamus to require the submission of the “intent to promote or assist” theory of the law of parties and to require the submission of the “conspiracy” theory of the law of parties without any manner-and-means restriction. We conditionally grant relief.

I. BACKGROUND

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