BROWN v. COLLINS

No. 90-1475.

937 F.2d 175 (1991)

Junior BROWN, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 19, 1991.


Attorney(s) appearing for the Case

Mike Brown, Clifford W. Brown, Brown, Harding, Bass, Fargason & Rice, Lubbock, Tex., for petitioner-appellant.

Charles A. Palmer, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before GOLDBERG, HIGGINBOTHAM, and JONES, Circuit Judges.


GOLDBERG, Circuit Judge:

Under well settled principles of Texas criminal jurisprudence, evidence is insufficient as a matter of law if it does not conform to the jury charge given at trial. Where the jury is instructed that the defendant must be found guilty as a principal, but the evidence does not support that theory of culpability, the defendant is entitled to a judgment of acquittal even if the evidence is sufficient to convict the defendant as a party...

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