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20 Tex. Ct. App. 110

Holmes v. State

Court of Appeals of Texas

Decided December 16, 1885

Court of Appeals of Texas · decided 1885-12-16

Tried below before the Hon. D. H. Scott. The indictment charged the murder of Mrs. E. Tighe in Lamar county, Texas, on the 18th day of May, 1885. Trial resulted in the conviction of the appellant for murder in the second degree, and his punishment was affixed at a term of five years in the penitentiary. Miss Maud Holmes, the daughter of the defendant, was the first witness for the State.

Decided 1885-12-16

White, Presiding Judge.

¶1We can never give our assent to a conviction for murder based alone upon the evidence as shown by this record.

¶2The defense was insanity. If expert testimony of physicians is to be credited; if opinions of persons who had known the defendant longest and known him best are to be believed; and if any faith whatsoever is to be put in the judgment of perfect strangers, which judgment is formed from the actions of the man, then we unhesitatingly say, in our opinion, the defense was established as conclusively as it is possible to establish insanity in ninety-nine cases out of an hundred.

¶3The evidence is wholly insufficient to support the verdict and judgment, and the judgment is therefore reversed and the cause remanded.

¶4Reversed and, remanded.

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