Court of Criminal Appeals of Texas

Ray Morales, Appellant v. the State of Texas, Appellee

May 19, 19931993 Tex. Crim. App. LEXIS 105

Summary

The Court of Criminal Appeals affirmed the judgment of the Court of Appeals, holding that the inclusion of the statutory phrase "engages in conduct" in the application paragraph of the jury charge does not defect the charge because the phrase is vestigial and the charge correctly directs the jury to consider the result of the conduct. Justice Miller filed a concurring opinion agreeing with the majority.