Ellis v. State

OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of murder. Punishment was assessed at life.

In his first ground of error, appellant complains of the court’s failure to include in its charge to the jury instructions on the law of circumstantial evidence. Appellant timely in writing objected to the omission of such instruction, which objection was overruled by the court prior to the reading of the charge to the jury. We conclude from the evidence that the court erred in refusing to charge on circumstantial evidence, and reverse the judgment.

The evidence reflects the…