Legal Opinion

Mitchell v. State

Court of Criminal Appeals of Texas

Decided February 3, 1926No. 9324PublishedCited by 2 opinions

The opinion states the case.

1Opinion of the Court

LATTIMORE, Judge.

Appellant was convicted in the District Court of Harrison County of possessing equipment for the purpose of manufacturing intoxicating liquor, and his punishment fixed at five years in the penitentiary.

It was not error to refuse a request for a peremptory instruction to acquit. The court charged on circumstantial evidence, and did not err in refusing a special charge presenting that issue which sought to single out one fact in evidence and have the jury decide the case upon that fact alone. Plainly other material facts were proved.

The court on the question of alibi told the…

2Cited by2 opinions

  1. Cross v. CommonwealthSupreme Court of Virginia · 1953
  2. Yarbrough v. StateCourt of Criminal Appeals of Texas · 1932

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