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IN RE STATE EX REL. WEEKS

Nos. AP-76,953, AP-76,954.

391 S.W.3d 117 (2013)

In re STATE of Texas ex rel. David P. WEEKS.

Court of Criminal Appeals of Texas.

January 16, 2013.

Attorney(s) appearing for the Case

Jane Starnes , Assistant Attorney General, Austin, TX, for Relator.

Richard E. Wetzel , Lisa C. McMinn , State's Attorney, Austin, TX, for State.

KELLER, P.J., delivered the opinion of the Court in which MEYERS, JOHNSON, KEASLER, HERVEY, COCHRAN and ALCALÁ, JJ., 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 parties1 but not the "intent to promote or assist" theory of the law of parties...

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