Daugherty v. State

While nothing is presented for our consideration in appellant's motion for rehearing in addition to the matters discussed in the original opinion, it is strenuously insisted that an injustice has been done and that the "conviction should be set aside though there be evidence supporting the verdict." For this position, reliance is had on Burkhalter v. State, 247 S.W. 544 and 18 Tex. Jur. page 430.

We concede the paramount rule of evidence to be that a conviction cannot be sustained where the evidence leaves reasonable doubt as to the guilt of the accused. Perkins v. State, 32 Tex. 109; Hardeman…