Martinez v. State

OPINION

NESBETT, Chief Justice.

A jury found appellant guilty on both counts of an indictment charging him with first degree murder and murder committed during an attempted rape.

All of the evidence was circumstantial. The principal point raised by appellant’s court appointed counsel is that the evidence did not meet the standard required by this court in Davis v. State. 1 In Davis we held that where all of the evidence was circumstantial “it was incumbent upon the state to produce evidence of circumstances which excluded every reasonable hypothesis except that of guilt”. This same point was…