Kitchens v. State, 823 S.W.2d 256, 258 (Texas. Crim. App. 1991) (conjunctive pleading represents an alternative pleading of the differing methods of committing one offense" and allows the jury to return "a general verdict if the evidence is sufficient to support a finding under any of the theories submitted"). See also Omari v. Gonzales, 419 F.3d 303 (5th Cir. 2005) ("Reference in the indictment to "stolen, converted and fraudulently obtained property," as opposed to "stolen, converted or taken by fraud" as recited in the statute, does not mean that Omari was necessarily convicted of transferring fraudulently obtained property. Indictments often allege conjunctively elements that are disjunctive in the corresponding statute, and this does not require either that the government prove all of the statutorily disjunctive elements or that a defendant admit to all of them when pleading guilty. See Valansi, 278 F.3d at 216 n.10; United States v. McCann, 465 F.2d 147, 162 (5th Cir. 1972)").

jurisdiction: 
Lower Courts of Fifth Circuit

 

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