# Fisher v. State

> Court of Criminal Appeals of Texas · October 19, 1994 · 887 S.W.2d 49

URL: https://www.frixlaw.com/law-library/cases/9678318

## Case

- **Full name:** Johnny Ray FISHER, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 19, 1994
- **Citations:** 887 S.W.2d 49; 1994 Tex. Crim. App. LEXIS 111; 1994 WL 567858
- **Precedential status:** Published
- **Opinion:** Concurrence by Clinton
- **Judges:** Clinton, McCormick, Maloney, White, Campbell, Meyers
- **Cited by:** 155 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Malik v. State, 1997 Tex. Crim. App. LEXIS 60 (1997).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9678318

## How later opinions describe it (automated extraction)

- holding that where jury instruction improperly expands upon the allegations in the indictment, reviewing court should dis regard expansive language in measuring sufficiency of the evidence

## Opinion text

CONCURRING COMMENT ON STATE’S PETITION FOR DISCRETIONARY REVIEW
CLINTON, Judge,
concurring.
Understanding that while an “incomplete” charging instrument may invest a trial court with subject matter jurisdiction over a cause, by failing to object to “incompleteness” an accused does not waive or forfeit the fundamental right to a fair and impartial trial under protections constitutionally guaranteed by due process and due course of law clauses — any implication to the contrary in Studer v. State, 799 S.W.2d 263 (Tex.Cr.App.1990), notwithstanding — I join the opinion of the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9678318. Public record. Not legal advice.