Carroll v. State
Court of Criminal Appeals of Texas
The charge of the court on alibi was as follows: “Among other defenses set up by the defendant is that known in legal phraseology as an alibi, and in this connection you are charged therefore if you believe from the evidence beyond a reasonable doubt that the defendant at the time of the alleged theft, if any such theft was committed, was at another and different place than the place at which said theft, if any, was committed as alleged in the indictment, or if you have a…
Read the full summary
The charge of the court on alibi was as follows: “Among other defenses set up by the defendant is that known in legal phraseology as an alibi, and in this connection you are charged therefore if you believe from the evidence beyond a reasonable doubt that the defendant at the time of the alleged theft, if any such theft was committed, was at another and different place than the place at which said theft, if any, was committed as alleged in the indictment, or if you have a reasonable doubt as to the matter, then you will acquit the defendant.”
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of theft-of automobile tires and inner tubes and awarded two- years in the penitentiary.
The State’s case was made by the testimony of two accomplices. The defendant relied upon an alibi. It may be very seriously questioned whether or not the accomplices have been corroborated in such manner as the law requires. It is not the purpose, however, of this opinion to pass upon the sufficiency of the evidence, as the State may present the case in a different attitude before another jury.
A bill of exceptions recites that while the State’s witness Buby…
2Cases cited3 opinions
- Hollingsworth v. StateCourt of Criminal Appeals of Texas · 1915
- Thompson v. StateCourt of Criminal Appeals of Texas · 1900
- Durham v. StateCourt of Criminal Appeals of Texas · 1903