Underwood v. State

Decided October 15, 1860

Texas Supreme Court · decided 1860-10-15

The case was tried before Hon. R. S. Waddell, one of the district judges. Levi Underwood was indicted for the murder of Thomas Spain. The case turned upon the facts, and they were substantially as follows: Routh, a witness for the State, had met the accused in the morning at the spring, near the house of the witness. The accused rode on the road leading to Pilot Point, in Denton county.

Decided 1860-10-15

Bell, J.

¶1—We deem it unnecessary in this case to notice either the instructions given by the court to the jury, or those asked by the counsel for the appellant and refused by the court. The evidence is not sufficient to sustain the verdict of the jury, and the motion for a new trial ought to have been maintained by the court below. The *392case is not one of a conflict of evidence, but it is one in which the evidence is not sufficient to establish the guilt of the party accused.

¶2The judgment of the court below is therefore reversed, and the cause remanded for another trial.

¶3Reversed and remanded.