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23 Tex. Ct. App. 452

Scott v. State

Court of Appeals of Texas

Decided June 8, 1887

Court of Appeals of Texas · decided 1887-06-08

Tried below before the Hon. F. A. Williams. The conviction was in the second degree for the double murder of Alsie Taylor and Lettie Smotherman, in Houston4 county, Texas, on the first day of September, 1879. A term of ten years in the penitentiary was the penalty assessed by the jury. Frank Denman was the first witness for the State.

Decided 1887-06-08

Willson, Judge.

¶1This conviction is based solely upon circumstantial evidence, and the inculpatory circumstances tending to establish the defendant’s guilt of the murders are of an unsatisfactory and inconclusive character. We shall not consume time in reciting the facts proved, as the Reporters will publish them.

¶2After a thorough consideration of the evidence as it is before us, we must say that the convibtion is not warranted thereby, and the court erred in refusing to grant defendant a new trial upon the ground that the evidence did not support the verdict.

¶3The judgment is reversed and the cause remanded.

¶4Reversed and remanded.

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