Wooley v. State

OPINION

PRICE, WOMACK, KEASLER and HOLCOMB, JJ., joined.

Appellant’s first ground for review presents the claim that this Court should rein*261troduce the court-made Benson/Boozer1 rule for measuring evidentiary sufficiency when the evidence is reviewed for factual sufficiency.2 The Benson/Boozer rule required that evidentiary sufficiency be measured by the jury charge actually given. In Malik, a case in which only the legal sufficiency of the evidence was at issue, this Court rejected the Benson/Boozer rule and decided that eviden-tiary sufficiency should be measured “by the elements of the…