Alexander v. State

BROOKS, Judge.

Appellant was convicted of burglary, and his punishment fixed at confinement in the penitentiary for a term of two years.

In the motion for new trial appellant complains that the court’s charge on circumstantial evidence fails to instruct the jury, in effect, that the evidence must be of so conclusive a nature as to exclude every reasonable hypothesis, except the guilt of defendant, and also show a reasonable and moral certainty that the accused and no other person committed the crime. An examination of the charges shows that the court omitted the phrase "and no other person.”…