Barnett v. State

Decided November 26, 1884

Court of Appeals of Texas · decided 1884-11-26

Tried below before the Hon. T. L. Nugent. The indictment in this case charged the appellant and Sol McDonald jointly with the robbery of Thomas Heathington, in Hood county, Texas, on the 28th day of November, 1883. The appellant, being alone upon trial, was found guilty by the jury and his punishment was affixed at confinement in the penitentiary for the term of five years. Thomas Heathington was the first witness for the State.

Decided 1884-11-26

Willson, Judge.

¶1There is not a single inculpatory circumstance in the evidence against the defendant which is not consistent with, his innocence. To say the most of the evidence that can be said reasonably, it barely raises a suspicion that he participated in the robbery. It falls far short of producing in the mind a moral certainty of his guilt, and by no means excludes the hypothesis of his innocence. We hesitate not to say, after a careful scrutiny of the statement of facts, that the conviction is without sufficient evidence to support it; wherefore the judgment is reversed and the cause is remanded.

¶2Reversed and remanded.

¶3[Opinion delivered November 26, 1884.]