Serlee Benson, Appellant v. the State of Texas, Appellee

Summary

The Court reversed Serlee Benson's burglary conviction because the evidence was insufficient to show the required intent to commit retaliation, as the statute's term "witness" was interpreted to mean a person who has actually testified in an official proceeding. The jury could not find that Mary Benson qualified as a witness, so the conviction could not stand. A concurrence agreed with the reversal but offered different reasoning, and a dissent argued the evidence was sufficient.