Irvin v. State

Citations

• 7 Tex. Ct. App. 109

Syllabus

<p>1. Informations.—No standard of penmanship has been prescribed for indictments or informations; and as the supporting affidavit is a fundamental part of an information, reference to it is legitimate to solve a doubt arising from the conformation of a letter in the information.</p> <p>2. Charge of the Court on Circumstantial Evidence. — In a misdemeanor case the court instructed the jury that, “to justify a conviction when the proof of any one of the issues depends upon circumstances proved to exist, the circumstances proven must be incapable of explanation upon every other reasonable hypothesis than that of the defendant’s guilt.” Held, correct in principle, and sufficient iii the present case on the subject.</p> <p>8. Same. — It was not error to refuse a requested instruction which was predicated on the erroneous assumption that the State’s evidence was entirely circumstantial, and which directed the jury to acquit unless the defendant’s guilt had been so demonstrated as to exclude every possibility of his innocence. See the opinion in extenso on the latter point.</p>