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

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' acquittal of Fisher, 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 instruction, disregarding any extraneous language such as "adulterants and dilutants." The Court also clarified the standard for sufficiency when the indictment is incomplete. Justice Kagan, dissenting, would have held that the evidence was sufficient under the instruction actually given and that a new trial, not an acquittal, was required.