Benson v. State

OPINION ON STATE’S SECOND MOTION FOR REHEARING

W.C. DAVIS, Judge.

On original submission a unanimous panel of this Court held the evidence insufficient to support the jury’s verdict that appellant committed the offense of burglary of a habitation with intent to commit the felony offense of retaliation. See V.T.C.A., Penal Code, § 36.06. The jury’s verdict was authorized by and based upon the court’s charge which stated in the definitional portion of the charge: “A person commits the offense of retaliation if he intentionally or knowingly harms or threatens to harm another by an unlawful act in…