In Rosales v. State, 4 S.W.3d 228 (Tex. Crim. App. 1999), the appellant argued that he was entitled to an acquittal because the indictment alleged that he killed the victim by stabbing her with a knife and by striking her with a hard object, "the exact nature of which is unknown to the grand jury," and the prosecution failed to prove the grand jury used due diligence in determining the exact nature of the hard object. See Rosales, 4 S.W.3d at 230-31. In the majority's opinion, the court of criminal appeals held that: (1) the prosecution satisfied the "due diligence" requirement when it proved through one of the grand juror's testimony that the grand jury was unable to find out what caused the various injuries to the victim; (2) the jury was charged in the disjunctive, which was permissible even though the indictment charged in the conjunctive, and therefore, proof that the victim was stabbed was sufficient; (3) in light of the court's decision in Malik v. State, 953 S.W.2d 234 (Tex. Crim. App. 1997), which held that the legal sufficiency of the evidence to support a conviction should be measured by the elements of the offense as defined by a hypothetically correct jury charge, "the rule in cases like Hicks is no longer viable." Rosales, 4 S.W.3d at 231. Justice Meyers, in his concurring opinion in Rosales, points out that either of the first two reasons were sufficient to decide the case on appeal, and therefore, that portion of the opinion purporting to overrule Hicks was merely dicta. Id. at 234 (Meyers, J., concurring).