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 affirmed the Court of Appeals' judgment, holding that the inclusion of the statutory phrase “engages in conduct” in the jury charge does not render the charge erroneous because the charge still directs the jury to consider the result of the conduct. The Court relied on its prior decisions in Beggs and Alvarado that the phrase is vestigial and merely recites the voluntary‑act requirement. Justice Miller, in a concurring opinion, agreed with this reasoning.