Gamboa v. State

The majority reverses this conviction because the court did not instruct the jury that this was a case depending upon circumstantial evidence.

The court instructed the jury that before it could convict it must find beyond a reasonable doubt that appellant with malice aforethought unlawfully and voluntarily killed Minnie Gamboa with a gun. The court also instructed the jury “[ujnless you so find beyond a reasonable doubt, or if you have a reasonable doubt thereof, you will acquit the defendant.”

The court charged the jury that “the defendant is presumed to be innocent until his guilt is…