Legal Opinion

Ervin v. State

Court of Criminal Appeals of Tennessee

Decided October 29, 1971PublishedCited by 4 opinions

1Opinion of the Court

OPINION

DWYER, Judge.

From the judgment upon the jury verdict of finding Billy Ervin guilty of murder in the first degree with resulting punishment of twenty years and one day this appeal flows.

Court-appointed counsel assigns error contending the judgment as imposed is not supported by the evidence.

We view the assignments pertaining to the sufficiency of the evidence in the light of well settled law that defendant is before this court under a presumption of guilt. He has the burden to show his innocence by a preponderance of the evidence. See Cooper v. State, 123 Tenn. 37, 138 S.W. 826. The…

2Cases cited5 opinions

  1. Steinhardt & Co. v. Galveston Cotton Seed Meal Co.Court of Appeals of Texas · 1911
  2. Cooper v. StateTennessee Supreme Court · 1909
  3. Clarke v. StateTennessee Supreme Court · 1966
  4. Hargrove v. StateTennessee Supreme Court · 1955
  5. State v. LoganTennessee Supreme Court · 1970

3Cited by4 opinions

  1. Sneed v. StateCourt of Criminal Appeals of Tennessee · 1976
  2. Kennon Laird v. Larry LackCourt of Appeals for the Sixth Circuit · 1989
  3. Thebeau v. StateSupreme Court of Missouri · 1973
  4. Thebeau v. StateSupreme Court of Missouri · 1973

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