Legal Opinion

Hammett v. State

Court of Criminal Appeals of Texas

Decided February 26, 1919No. 4926PublishedCited by 9 opinions

The opinion states the case. The following is a copy of the court’s remarks prior to calling any case for trial: “A defendant is presumed to he innocent until his guilt is established beyond a reasonable doubt. A reasonable doubt is such a doubt as a reasonable man would have after hearing a given state of facts.

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The opinion states the case. The following is a copy of the court’s remarks prior to calling any case for trial: “A defendant is presumed to he innocent until his guilt is established beyond a reasonable doubt. A reasonable doubt is such a doubt as a reasonable man would have after hearing a given state of facts. You must take into ■ consideration all the facts and circumstances surrounding the case, and then if you have a reasonable doubt as to the defendant’s guilt, you. must acquit him; by a reasonable doubt, that does not mean beyond a peradventure of a doubt, because it is absolutely or…

1Opinion of the Court

LATTIMORE, Judge.

Appellant was charged in the court below with abortion. The indictment contained two counts, one charging the use of a metallic instrument, and the other the giving of drugs and medicine. The court submitted only one count; the one charging the use of a metallic instrument to effect the abortion. The jury found appellant guilty and fixed his punishment at five years confinement in the penitentiary.

Appellant asked several special charges, his special charge Ho. 1 setting forth the law of circumstantial evidence as shown by his bill of exceptions Ho. 7, but an examination of…

2Cases cited4 opinions

  1. Gray v. StateCourt of Criminal Appeals of Texas · 1915
  2. Miller v. StateCourt of Criminal Appeals of Texas · 1897
  3. Willingham v. StateCourt of Criminal Appeals of Texas · 1894
  4. Hunter v. StateCourt of Criminal Appeals of Texas · 1897

3Cited by9 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Easter v. StateCourt of Criminal Appeals of Texas · 1976
  3. State v. CrevistonUtah Supreme Court · 1982
  4. Wilson v. StateCourt of Criminal Appeals of Oklahoma · 1927
  5. Thompson v. StateCourt of Criminal Appeals of Texas · 1973

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