Osterberg v. Peca

In Osterberg v. Peca, 12 S.W.3d 31, 55, 43 Tex. Sup. Ct. J. 380 (Tex. 2000) the Court considered whether we should measure the sufficiency of the evidence against the jury charge that was actually submitted, which the appellants claimed was defective, or against the charge that the trial court should have submitted, and we concluded that "it is the court's charge, not some other unidentified law, that measures the sufficiency of the evidence when the opposing party fails to object to the charge."