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

Summary

The Court of Criminal Appeals of Texas reversed the burglary conviction and remanded for entry of an acquittal, holding that the sufficiency of the evidence must be measured by the jury charge, that the State’s failure to object to the accomplice instruction waived any trial error, and that double jeopardy bars a retrial. Four judges dissented, arguing that the error was merely trial error warranting a new trial, and several judges concurred on procedural nuances.