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Sanchez v. State

One issue is whether the trial court's charge containing language that a murder was committed by a "manner and means to the grand jury unknown" was in error when there was a question on whether the manner and means actually was unknown. The court of appeals incorrectly relied on the Texas Court of Criminal Appeals' 1993 decision in Hicks v. State because Hicks is no longer viable. While there is error in the jury charge, it is harmless. Therefore, the court of appeals' judgment is reversed. Texas Court of Criminal Appeals, No. PD-0961-07, 10-07-2010

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Womack, J., delivered the opinion of the Court, in which Price, Johnson, Keasler, Hervey, Holcomb, and Cochran, JJ., joined. Keller, P.J., concurred in the judgment. Meyers, J., did not participate.

The issues in this case arise from an indictment’s allegation that a murder was committed by a “manner and means to the grand jury unknown.”

One issue is whether the court’s charge that contained such language was in error when there was a question whether the manner and means was actually unknown. In deciding this issue, we must address whether Hicks v. State,*fn1 the case upon which the Court of Appeals relied, is both applicable and controlling for “unknown” allegations. We decide that the Hicks rule is no longer viable.

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