Junior Brown v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division

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-accomplice. The issue presented in this habeas corpus petition is whether that nuance in Texas criminal jurisprudence is of constitutional…