Putty v. State

LATTIMORE, Judge,

(Dissenting). — I find myself wholly unable to agree to reverse this case for no other reason than that we are not satisfied with its facts. A jury has passed on the facts, and a fair district judge, — who saw and heard the witnesses testify, — has overruled the motion for new trial, and the record is not so devoid of evidence of guilt as to cause belief in a dispassionate mind that the verdict was the result of passion or prejudice.

Our Legislature wrote in article 706, C. C. P., that the jury, in all cases, are the exclusve judges of the facts, except in case it is by law…