Court of Criminal Appeals of Texas

Morgan Ernest Black, Jr., Appellant v. the State of Texas, Appellee

November 5, 19861986 Tex. Crim. App. LEXIS 869

Summary

The Court of Criminal Appeals held that the appellant's objection to the jury charge was sufficiently specific to preserve error under Article 36.14, VACCA, and that the failure to apply the law of parties to the facts was not automatically harmless; a harmless‑error analysis is required. Accordingly, the Court vacated the Dallas Court of Appeals' judgment and remanded for consideration of harmlessness. Two dissenting opinions argued that the objection was insufficient and that the Govan rule should be overruled.