Billard v. State

Citations

• 30 Tex. 367

Syllabus

<p>In an indictment for larceny, the rule is, that “ where one person has the general and another a special property in the thing, the property may be averred in the indictment in either.” (Paschal’s Dig., Note 683.)</p> <p>In criminal cases, the evidence must be such as to satisfy the jury, beyond a rational doubt, that the prisoner is guilty of the charge alleged against him in the indictment, or it is their duty to acquit. Such doubt should be actual and substantial, not mere possibility or speculation. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say that they feel an abiding conviction to a moral certainty of the charge.</p> <p>In all criminal cases whatsoever, it is essential to a verdict of condemnation that the guilt of the accused should be fully proved; that neither a mere preponderance of evidence, nor any weight of preponderant evidence, is sufficient for the purpose, unless it generate full belief of the fact to the exclusion of all reasonable doubt.</p> <p>In civil cases, the jury will weigh the testimony, and, after striking a fair balance, decide accordingly; but in criminal cases the testimony must be such as to satisfy the jury beyond a rational doubt that the prisoner is guilty of the charge alleged against him in the indictment, or it will be their duty to acquit.</p> <p>In civil cases, it is the duty of the jury to weigh the evidence carefully, and to find for the party in whose favor the evidence preponderates, although it be not free from reasonable doubt; but in criminal trials, the party accused is entitled to the benefit of the legal presumption in favor of innocence, which, in doubtful cases is always sufficient to turn the scale in his favor. It is therefore a rule of criminal law, that the guilt of the accused must be fully proved.</p> <p>If the a'ccused took, the property under mistake, mere negligence, by which th