Nix v. State

Russell, O. J.

1. “To warrant a conviction on circumstantial evidence, tlie proved facts must not only be consistent with the hypothesis of guilt, but must exclude every other reasonable hypothesis save that of the guilt of the accused.” Penal Code, § 1010.

2. The evidence for the State consisted of the testimony of policemen, who testified, that upon suddenly rushing into a room, the door of which was open, they found the defendant and others seated about a table upon which were some poker chips. There were several decks of cards in the room, but they were on a dresser some distance away. One…