Underwood v. State

Texas Supreme Court

Underwood v. State

25 Tex. 389

CourtTexas Supreme Court

DecidedOctober 15, 1860

StatusPublished

Cited by1 cases

This text of 25 Tex. 389 (Underwood v. State) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Underwood v. State, 25 Tex. 389 (Tex. 1860).

Pincite

Opinion

Bell, J.

—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 [392]*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.

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

Reversed and remanded.

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Bell, J.

—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 [392]*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.

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

Reversed and remanded.

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Bluebook (online)

25 Tex. 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/underwood-v-state-tex-1860.

Opinion

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