Crowley v. State

Court of Civil Appeals of Texas
Crowley v. State, 26 Tex. Ct. App. 578 (1888)
10 S.W. 217; 1888 Tex. Crim. App. LEXIS 223
Willson

Crowley v. State

Opinion of the Court

Willson, Judge.

In this case the evidence upon which the conviction is based is wholly circumstantial as to the taking of the alleged stolen animal by the defendant. He claimed the animal as his property, and admitted that he had placed his brand upon it, but claimed also that he had bought it. He had never admitted that he took it from the range or from the possession of the owner, and there is no evidence, not circumstantial, which connects him with the original taking of the animal. Such being the character of the evidence, the trial court committed a material error in failing to charge the jury with respect to circumstantial evidence, and for this error alone the judgment is reversed and the cause is remanded.

Reversed and remanded.

Reference

Full Case Name
Joseph Crowley, Jr. v. State
Cited By
2 cases
Status
Published
Syllabus
Circumstantial Evidence—Charge of the Court.—If, as in this ease, the inculpatory evidence against the accused is purely circumstantial, omission of the trial court to instruct the jury upon the law of circumstantial evidence is material error.