Cage v. State

My brethren overrule appellant’s motion for rehearing, without written opinion .

To that conclusion, as also the original affirmance of this case, I do not agree.

The jury found appellant guilty of the crime of embezzlement.

If that conclusion be wrong, the blame therefor must rest with the jury, for they and they alone were the exclusive judges of the facts proved and of the credibility of the witnesses. It was for the jury to apply the facts to the law as submitted to them by the trial court. The finding of the jury is of no force or effect if there be no facts to support it. The jury can not…