Legal Opinion · Dissent

Campbell v. State

Court of Criminal Appeals of Texas

Decided January 19, 1977No. 51582Published

1DissentRoberts, Judge

The majority holds that no circumstantial evidence charge was required. I cannot *797agree. The case should be reversed and remanded on the authority of our recent holding in Casey v. State, 523 S.W.2d 658 (Tex.Cr.App.1975).

In Casey, as in this case:

“The direct evidence sufficiently proved the corpus delicti of the offense. The remaining element of proof essential to the State’s case was that appellant was the guilty agent in causing deceased’s death. Self v. State, Tex.Cr.App., 513 S.W.2d 832 [1974]; Brantley v. State, Tex.Cr.App., 522 S.W.2d 519 (1975).” 523 S.W.2d, at 659.

Casey was a murder…

2Cases cited10 opinions

  1. Self v. StateCourt of Criminal Appeals of Texas · 1974
  2. Hogan v. StateCourt of Criminal Appeals of Texas · 1973
  3. Crawford v. StateCourt of Criminal Appeals of Texas · 1973
  4. Brantley v. StateCourt of Criminal Appeals of Texas · 1975
  5. Hielscher v. StateCourt of Criminal Appeals of Texas · 1974

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