Topic: sets out the law, is authorized by the indictment, does not… · Go Syfert
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Topic #140

11 canonical passages across 9 cases, quoted by 1,695 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Malik v. State.

#Case FlagCanonical passage Citers
1 Malik v. State Anchor
texcrimapp · 1997
green “sets out the law, is authorized by the indictment, does not unnecessarily increase the state's burden of proof or unnecessarily restrict the state's theories of liability, and adequately describes the particular offense for which the defendant was tried.” 1,044
2 Malik v. State
texcrimapp · 1997
green “the elements of the offense as defined by the hypothetically correct jury charge for the case.” 339
3 Angelo R. Carrillo v. State
texapp · 2003
green “as an aid in developing reasoning that may be employed.” 136
4 Gollihar v. State
texcrimapp · 2001
green “even in the absence of alleged jury charge error.” 46
5 Thomas v. State
texcrimapp · 2014
green “believe all of a witnesses' testimony, portions of it, or none of it.” 33
6 Malik v. State
texcrimapp · 1997
green “ensures that a judgment of acquittal is reserved for those situations in which there is an actual failure in the state's proof of the crime rather than a mere error in the jury charge submitted.” 31
7 Duren v. State
texapp · 2002
green “may use common sense and apply common knowledge, observation, and experience gained in the ordinary affairs of life.” 29
8 Murray, Chad William
texcrimapp · 2015
green “resolving conflicts in the testimony, weighing the evidence, and drawing reasonable inferences from basic facts.” 24
9 Westfall v. State
texapp · 1998
green “for the time being, we do not presume that this 'hypothetically correct jury charge' is applicable in bench trials.” 6
10 Robinson, Leo Demory
texcrimapp · 2015
green “in jury trials and in bench trials, we view the evidence in the light most favorable to the verdict in order to determine whether any rational fact finder could have found the essential elements of the offense beyond a reasonable doubt.” 4
11 Mallet v. State
texapp · 2000
green “did this for five to ten minutes and that she cried and told him to stop because it hurt.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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