Johnny Ray Fisher, Appellant v. the State of Texas, Appellee

Summary

The Court affirmed the Court of Appeals' acquittal, holding that when an indictment facially alleges a complete offense, sufficiency of the evidence must be measured against the indictment as incorporated into the jury charge, disregarding any instructional language that expands beyond the indictment. The Court also clarified that instructional error does not alter the sufficiency analysis and that the same rule applies when the indictment is incomplete, requiring consideration of the controlling penal provision.