Benson v. State

The dissenting opinion is reminiscent of a recurring notion that a guilty verdict from an improperly charged jury may be upheld if somewhere in the court’s charge the jury is allowed to find guilt “as set forth [or charged] in the indictment.” But, as the Court stated in Bradley v. State, 560 S.W.2d 650 (Tex.Cr.App.1978):

“Were this the law, there would never be any need for a charge beyond requiring the jury to find that the defendant committed the offense as set forth in the indictment. [Citations omitted]” Id., at 652.

Implicit in the dissenting view is that the right of an accused to have a…