Walker v. State

1. The court having charged the jury that, “to warrant a conviction on circumstantial evidence, the proved facts must not only *599be consistent with the hypothesis of guilt, but must exclude every other hypothesis save that of the guilt of the accused” (Penal Code of 1910, § 1010), it was not necessary to give this instruction again in connection with the instruction, given in another part of the charge of the court, that if, upon a consideration of the case, the jury believed beyond a reasonable doubt that the defendant was guilty, it was their duty to find him guilty. There is no merit in the…