Moody v. State

OPINION

O’CONNOR, Justice.

A jury found brothers Carl Eugene Moody and Kenneth Charles Moody guilty of resisting arrest. The trial court sentenced Carl to 20 days in jail and a $150 fine, and sentenced Kenneth to 90 days in jail and a $200 fine. Another brother, Davis Moody, was also charged, but the trial court instructed an acquittal as to him. We reverse and remand the judgment for retrial.

1. Sufficiency of the evidence

In point of error three, appellants complain the evidence is insufficient to support their convictions where the officers used excessive force.

The proper standard of review…