King v. State

Citations

• 4 Tex. Ct. App. 256

Syllabus

<p>1. Practice in this Court. — Though well settled that an appellate court will not disturb a verdict of conviction on account of the evidence, when there is evidence to support it, the converse rule is equally well settled — that it is not only the province, but the duty, of the court to set aside such a verdict when it is against the evidence, or when there is no evidence to support it.</p> <p>2. Murder in the Second Decree.—Note evidence in this case on which a conviction was had in the court below for murder in the second degree, but which this court holds insufficient to support the conviction, because it discloses none of the indicia of malice.</p>