Mayes v. State

Court of Criminal Appeals of Texas

Decided November 25, 1942

Court of Criminal Appeals of Texas · decided 1942-11-25

Good law ✅— No negative treatment on recordhow we know

Decided 1942-11-25

How this case has been cited

Cited by 5 later decisions — most recently April 1968

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ON MOTION FOR REHEARING.

DAVIDSON, Judge.

¶2By no means of judicial reasoning are we able to bring ourselves to the conclusion that a statute is valid which authorizes the conviction of one accused of crime, by proof of the acts and conduct of third parties who were in no manner connected with the accused in the commission of the alleged crime, and over whose acts and conduct the accused had no control. Ex parte Smith, 218 Pac. 708.

¶3The prima facie evidence feature of the statute here under consideration authorizes a conviction under such circumstances.

¶4We remain convinced of the correctness of our conclusion that such feature of the statute is invalid.

¶5The State’s motion for rehearing is overruled.

¶6 *300.The foregoing opinion of the Commission of Appeals has leen examined by the Judges of the Court of Criminal Appeals and approved by the Court.