Court of Criminal Appeals of Texas

Terry Lynn Boozer, Appellant v. the State of Texas, Appellee

September 19, 19841984 Tex. Crim. App. LEXIS 760

Summary

The Court of Criminal Appeals of Texas reversed Terry Lynn Boozer's burglary conviction and remanded for entry of an acquittal, holding that sufficiency of the evidence must be measured by the jury charge given and that the State's failure to object to that charge waived any trial error, barring retrial under double jeopardy. Separate opinions dissent from the majority's approach to sufficiency and the proper remedy, while concurrences emphasize the need for clearer guidance on reviewable trial rulings.