Legal Opinion · Dissent

Hodges v. State

Court of Criminal Appeals of Texas

Decided May 13, 1964No. 36851Published

1DissentWoodley, Presiding Judge

The Court of Criminal Appeals or its judges-are not the triers of facts and are not at liberty to substitute their findings for those of the jury. Only where the evidence, viewed in its strongest light from the standpoint of the state, fails to'make guilt' reasonably' certain' is .the appellate court authorized to set aside-a conviction for insufficiency of the evidence. Wright v. State, Tex.Cr.App., 364 S.W.2d 384, cert. denied, 375 U.S. 870, 84 S.Ct. 96, 11 L.Ed. 2d 96; Mason v. State, 108 Tex.Cr.R. 452, 1 S.W.2d 283; Franklin v. State, 147 Tex.Cr.R. 636, 183 S.W.2d 573.

All controverted…

2Cases cited8 opinions

  1. Franklin v. StateCourt of Criminal Appeals of Texas · 1944
  2. Wright v. StateCourt of Criminal Appeals of Texas · 1963
  3. Salas v. TexasSupreme Court of the United States · 1963
  4. Mason v. StateCourt of Criminal Appeals of Texas · 1927
  5. Paris v. StateCourt of Criminal Appeals of Texas · 1952

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