Rodriguez v. State

Citations

• 5 Tex. Ct. App. 256

Syllabus

<p>1. Murder—Circumstantial Evidence. — To warrant a conviction on circumstantial evidence, each fact necessary to the conclusion of guilt must he proved by competent evidence, beyond a reasonable doubt; all the facts must he consistent with each other and with the main fact to be proved; and the circumstances, taken together, must he of a conclusive nature, leading to a satisfactory conclusion, and producing a reasonable and moral certainty that the accused, and no other, committed the oifence; and these circumstances should not only be consistent with the guilt of the accused, hut inconsistent with any other rational conclusion or reasonable hypothesis consistent with the facts proven. Note such evidence held insufficient to sustain a conviction for murder in the second degree.</p> <p>2. Evidence..— The rule excludes such evidence as implies that better evidence exists, and is withheld or not accounted for, hut does not demand the greatest amount procurable.</p>