Cave v. State

Citations

• 41 Tex. 182

Syllabus

<p>Circumstantial evidence.—The jury was charged, in instruction Wo. 4, that a reasonable doubt “ is not a mere fanciful or imaginary one, but grows out of the testimony, or the want of it, and leaves the mind in that condition, that after full investigation of all the facts detailed in evidence, you cannot say you have an abiding conviction that he is guilty of the charge.” Instruction Wo. 5 was to the effect that a conviction might be had on circumstantial testimony, “hut the circumstances proven must justify full belief, according to the rule of certainty defined in charge Wo. 4: Held, that there was no error in the instructions.</p>