Tucker v. State

I concur in the reversal of this case, but insist that the evidence should be held to be insufficient to show appellant’s guilt.

The sufficiency of the evidence to support the conviction is always one of the paramount questions in the appeal of a criminal case. Unless and until the state has proven the guilt of the accused there is little occasion or reason for this court to determine procedural errors in the trial of the case.

The evidence in this case is wholly insufficient, in law, to show the guilt of the appellant. This court ought to say so, and reverse the conviction for that reason.

Here…