Legal Opinion · Dissent

Bell v. State

Court of Criminal Appeals of Texas

Decided March 4, 1959No. 30308Published

1DissentDavidson, Judge

I have always been taught and steadfastly believed that it is a correct principle of law that one can not be convicted upon an inference based upon an inference. 18 Texas Jur., Sec. 5 at page 16, and Sec. 320, page 443.

This appellant’s guilt depends solely and alone upon inference upon inference, compounded.

When my brethren affirm this conviction they either repeal or wholly ignore the above rule of law.

In order to convict this appellant the state was required to prove that he brought the property stolen in Mexico into Texas. The statutes, Arts. 1559 and 1560, P.C., expressly make such proof…

2Cases cited10 opinions

  1. McKenzie v. StateCourt of Criminal Appeals of Texas · 1894
  2. Zweig v. StateCourt of Criminal Appeals of Texas · 1913
  3. Easley v. StateCourt of Criminal Appeals of Texas · 1917
  4. Peebles and Allen v. StateCourt of Criminal Appeals of Texas · 1939
  5. Hammond and Thomason v. StateCourt of Criminal Appeals of Texas · 1931

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