State v. Oschoa

That shirt found in cabin was worn by appellant and discarded after killing was merely theoretical assumption of prosecution. Evidence showed impossibility of telling how rents in garment were caused. Rents and scars on appellant's arm did not correspond. There is no proof that deceased used knife in affray.

Only evidence connecting appellant with crime is that of three witnesses — Indians and Mexican — who saw him hours before and after crime; of Hillhouse, that garment fitted and that rents in shirt and scars on appellant's arm corresponded; and that obtained by compelling appellant to put…