Court of Civil Appeals of Texas, 1888

Fuller v. State

Court of Civil Appeals of Texas · Decided February 1, 1888 · Willson

24 Tex. Ct. App. 596; 7 S.W. 330; 1888 Tex. Crim. App. LEXIS 15

Counsel

Pearre & Boynton, for the appellant., W. L. Davidson, Assistant Attorney General, for the State.

Opinion of the Court

Willson, Judge.

This conviction is founded wholly upon •circumstantial evidence, and the trial judge omitted to instruct the jury in relation to that character of evidence. This is error for which the conviction must be" set aside. (Counts v. The State, 19 Texas Ct. App., 450.) The Assistant Attorney General confesses this error.

The judgment is reversed and the cause is remanded.

Reversed and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.