Ayres v. State
Court of Appeals of Texas
Appeal from the District Court of Washington. Tried below before the Hon. I. B. McFarland. The conviction in this case was for the burglary of the house of Grlenn Ford and C. Lively, alias C. Washington, in Washington county, Texas, on the fifteenth day of July, 1885, with intent to commit theft. The penalty imposed by the jury was a term of two years in the penitentiary. Grlenn Ford was the first witness for the State.
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Appeal from the District Court of Washington. Tried below before the Hon. I. B. McFarland. The conviction in this case was for the burglary of the house of Grlenn Ford and C. Lively, alias C. Washington, in Washington county, Texas, on the fifteenth day of July, 1885, with intent to commit theft. The penalty imposed by the jury was a term of two years in the penitentiary. Grlenn Ford was the first witness for the State. He testified that he and Chancy Lively, during the month of July, 1885, lived in the same house, in the town of Brenham, Washington county, Texas. They went to a concert…
1Opinion of the Court
White, Presiding Judge.
In the eighth paragraph of the charge the jury were instructed that 16 where the defendant relies upon proof of an alibi, that is proof that he was at some other place at the time the offense (if any) was committed, the burden of proof as to that fact is on the defendant, and he is required to establish it by a preponderance of evidence; but, if the evidence adduced raises a reasonable doubt in the minds of the jury, the defendant is entitled to the benefit of the doubt.” . This charge was not excepted to, but in the motion for a new trial it is claimed that it injured…
2Cases cited4 opinions
- Walker v. StateTexas Supreme Court · 1874
- Perry v. StateTexas Supreme Court · 1874
- State v. ReedSupreme Court of Iowa · 1883
- Thomas v. StateTexas Supreme Court · 1875
3Cited by9 opinions
- Dedrick v. StateIndiana Supreme Court · 1936
- Villarreal v. State, Texas Court of Appeals, 4th District (San Antonio)1991
- Davis v. StateCourt of Criminal Appeals of Oklahoma · 1925
- Courtney v. StateCourt of Criminal Appeals of Oklahoma · 1914
- Smith v. StateCourt of Criminal Appeals of Texas · 1931
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