Court of Criminal Appeals of Texas

Emily Hardy and Hiram K. Myers, Appellants v. the State of Texas

April 22, 20092009 Tex. Crim. App. LEXIS 960

Summary

The Court of Criminal Appeals affirmed the Court of Appeals' judgment of acquittal, holding that the evidence was legally insufficient to sustain the defendants' convictions under Texas Penal Code §42.03(a)(2)(A). The majority concluded that the statute requires an actual or imminently possible obstruction, which was not shown. Justice Keller, dissenting, argued that the evidence did support a finding of obstruction and that the convictions should be upheld.