Ellis v. State

10 Tex. Ct. App. 540

Opinion

White, P. J.

As shown by the record the evidence is, in our opinion, insufficient to support the verdict and judgment of conviction; and in view of the meagerness of the inculpatory facts the court should have granted a new trial in order that appellant might have had the benefit of the testimony of H. M. Dimmick, who had been jointly indicted with him, but who had been tried and acquitted subsequent to the conviction of appellant.

Reversed and remanded.