Weaver v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that fatal variance existed between indictment charging defendant with using a .22 caliber Ruger automatic pistol and the proof that defendant used a .22 caliber Luger automatic pistol, rejecting argument that model of firearm was surplusage
• evidence that appellant used \Luger\ pistol does not prove indictment allegation that appellant used \Ruger\ pistol
• evidence that appellant used “Luger” pistol does not prove indictment allegation that appellant used “Ruger” pistol
• where allegation described use of \Ruger\ pistol, proof of use of \Luger\ pistol requires acquittal
• State alleged use of \Ruger\ pistol, but proved use of \Luger\ pistol; court held fatal variance existed
• allegation that gun was a \Ruger\ was de- 1978

Source: CourtListener parenthetical corpus (CC0).

Cited by

50 cases in this archive cite this case; the 20 most cited are listed.

• Curry v. State
  Court of Criminal Appeals of Texas· 2000-09-20· cited 1,894×
• Gollihar v. State
  Court of Criminal Appeals of Texas· 2001-05-16· cited 1,349×
• Eastep v. State
  Court of Criminal Appeals of Texas· 1997-02-05· cited 180×
• Clark v. State
  Court of Criminal Appeals of Texas· 1984-02-15· cited 131×
• Gomez v. State
  Court of Criminal Appeals of Texas· 1985-02-20· cited 103×
• In re L.M.
  Court of Appeals of Texas· 1999-04-15· cited 86×
• Franklin v. State
  Court of Criminal Appeals of Texas· 1983-10-26· cited 71×
• Sattiewhite v. State
  Court of Criminal Appeals of Texas· 1980-05-07· cited 63×
• Polk v. State
  Court of Criminal Appeals of Texas· 1988-02-24· cited 61×
• Wray v. State
  Court of Criminal Appeals of Texas· 1986-03-05· cited 60×
• Uribe v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2000-03-01· cited 56×
• Ex Parte Bailey v. State
  Court of Criminal Appeals of Texas· 2002-10-09· cited 49×
• Smallwood v. State
  Court of Criminal Appeals of Texas· 1980-11-19· cited 41×
• In re S.C.
  Court of Appeals of Texas· 2007-07-05· cited 33×
• Abbott v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 1987-03-24· cited 32×
• Love v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1981-11-25· cited 19×
• Belcher v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 1998-01-23· cited 19×
• Leal v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1998-09-23· cited 17×
• Matthias v. State
  Court of Appeals of Texas· 1985-07-18· cited 16×
• GARY CARLTON CAMP v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 1995-10-30· cited 14×

Cites

11 cases in this archive are cited by this case.

• Burrell v. State
  Court of Criminal Appeals of Texas· 1975-06-11· cited 148×
• Ablon v. State
  Court of Criminal Appeals of Texas· 1976-06-09· cited 101×
• Davis v. State
  Court of Criminal Appeals of Texas· 1976-02-11· cited 45×
• Cohen v. State
  Court of Criminal Appeals of Texas· 1972-03-29· cited 37×
• Collins v. State
  Court of Criminal Appeals of Texas· 1973-10-10· cited 36×
• Malazzo v. State
  Court of Criminal Appeals of Texas· 1957-11-13· cited 32×
• McClure v. State
  Court of Criminal Appeals of Texas· 1956-11-28· cited 26×
• Maples v. State
  Court of Criminal Appeals of Texas· 1933-06-07· cited 18×
• Rowland v. State
  Court of Criminal Appeals of Texas· 1975-06-11· cited 10×
• Goodwin v. State
  Court of Criminal Appeals of Texas· 1959-01-21· cited 10×
• Henderson v. State
  Court of Criminal Appeals of Texas· 1967-11-08· cited 8×