Turner v. State

Should a defendant’s conviction be affirmed even though the evidence shows that he might not have committed the offense for which he was charged, but because of the charge to the jury the jury could have found him guilty of not that offense but some other offense for which he was not charged? The Ninth Court of Appeals said “no”, and reversed the appellant’s conviction. See Turner v. State, 701 S.W.2d 932 (Tex.App.-9th 1985). Today, however, a majority of this Court, throwing our constitutional ex post facto law to the winds, holds to the contrary. Believing that the court of appeals…