Larson v. Ellison

In this case the Court of Civil Appeals reversed the judgment of the trial court solely because that court charged the jury on circumstantial evidence. 217 S. W. (2d) 416. The questioned charge reads:

“You are instructed that any fact before you may be established by circumstantial evidence or direct evidence, or both. A fact is established by direct evidence when proved by witnesses who saw the acts done or heard the words spoken, or by documentary evidence. A fact is established by circumstantial evidence when the fact is fairly and reasonably inferred from other facts proved in the case.”

The…