Vaughn v. State

Court of Appeals of Texas

Vaughn v. State

2 S.W. 825, 21 Tex. Ct. App. 573, 1886 Tex. Crim. App. LEXIS 193

CourtCourt of Appeals of Texas

DecidedJune 22, 1886

DocketNo. 4087

StatusPublished

This text of 2 S.W. 825 (Vaughn v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Vaughn v. State, 2 S.W. 825, 21 Tex. Ct. App. 573, 1886 Tex. Crim. App. LEXIS 193 (Tex. Ct. App. 1886).

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Opinion

White, Presiding Judge.

Appellant’s statement made to the State’s witness Taylor, when asked by the latter about the killing of the calf, to the effect that he had killed it accidentally while attempting to shoot a hawk, is not only reasonable and probable, under the circumstances developed, but is, in our opin[579]*579ion, abundantly established as a fact by the several witnesses of defendant, one of whom (Lawrence) was not a member of his family. These statements and declarations of defendant were proven by the State, and the other testimony of the prosecution did not disprove them, or show that they were untrue. It devolved upon the State to show that they were false. (Garcia v. The State, 26 Texas, 209.)

Opinion delivered June 22, 1886.

Because the evidence is insufficient to support the verdict and judgment, the judgment is reversed and the cause remanded.

Reversed and remanded.

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White, Presiding Judge.

Appellant’s statement made to the State’s witness Taylor, when asked by the latter about the killing of the calf, to the effect that he had killed it accidentally while attempting to shoot a hawk, is not only reasonable and probable, under the circumstances developed, but is, in our opin[579]*579ion, abundantly established as a fact by the several witnesses of defendant, one of whom (Lawrence) was not a member of his family. These statements and declarations of defendant were proven by the State, and the other testimony of the prosecution did not disprove them, or show that they were untrue. It devolved upon the State to show that they were false. (Garcia v. The State, 26 Texas, 209.)

Opinion delivered June 22, 1886.

Because the evidence is insufficient to support the verdict and judgment, the judgment is reversed and the cause remanded.

Reversed and remanded.

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2 S.W. 825, 21 Tex. Ct. App. 573, 1886 Tex. Crim. App. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaughn-v-state-texapp-1886.

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