Conner v. State

Citations

• 34 Tex. 659

Syllabus

<p>1. In civil fictions the jury may decide upon a comparison of the probabilities and according to the preponderance of evidence, bat in criminal .cases the humane caution of the law requires that the guilt of the accused be established beyond a reasonable doubt.</p> <p>2. In cases affecting life or liberty, the evidence must be so conclusive, the presumption so strong, as to exclude every rational doubt of the guilt of the accused. (BilLu-d v. The State, 30 Texas, 369, cited by the court.) ,</p> <p>3. In a trial for felony, the court below, commenting upon confessions of the prisoner, charged the jury that if what he said m his own favor, was not improbable in itself, nor contradicted by the evidence for the State, it would naturally be believed by the jury ; but that the jury were not bound to give weight to it on that account. Held, fhat this was erroneous ; the jury may not, under such circumstances, deny proper weight ,to the statements of the prisoner in his own favor. (Tipton v. The State, Peek, Term., Reports, 308, and other authorities cited by the court-)</p>