Carroll v. State (1985)

In Carroll v. State, 698 S.W.2d 278 (Tex. App.--Fort Worth 1985, pet. ref'd), the appellant was charged with injury to a child, the indictment alleging that appellant hit "said child with his fists." The appellant there argued that the State failed to prove he used his "fists" to hit the child, even though evidence did show that the hand was used. The court nonetheless refused to find that the allegation describing the configuration of the appellant's hand was an essential element. It considered the argument "hypertechnical." Id. at 279.