Miller v. State

ON APPELLANT'S MOTION FOR REHEARING.

CHRISTIAN, Judge.

In his motion for rehearing appellant earnestly insists that the evidence is insufficient to support the judgment of conviction.

In view of the fact that the case was tried without the intervention of a jury, the findings of facts by the trial judge are as conclusive on the Court of Criminal appeals as the verdict of a jury. Article 706, C. C. P., reads as follows: “The jury, in all cases, are the exclusive judges of the facts proved, and of the weight to be given to the testimony, except where it is provided by law that proof of any…