Barnell v. State

Citations

• 5 Tex. Ct. App. 113

Syllabus

<p>1. Evidence. — That a conviction may be sustained, it must not only appear that the offence charged has been committed, but the evidence must show to a certainty, beyond strong probability or suspicion, that the , person charged committed or participated in the commission of the offence.</p> <p>2. Same. — The responsibility of determining whether or not there has been adduced before the jury a sufficient amount of legal and competent testimony to render it safe to establish a precedent for the adjudication of offences, under the law, is placed hy the Code primarily on the District, and finally on this court. This duty of the court is the exercise of legal judgment as to what facts are sufficient to rebut the legal presumption of the innocence of the accused.</p> <p>3. Same. — The rule is, that the best existing evidence must he produced or accounted for. Note facts illustrative of this rule.</p>