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eBook details

• Title: Eddie Maxcie Houston v. State Texas
• Author : Court of Criminal Appeals of Texas No. 536-82
• Release Date : January 01, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

McCormick, Judge This Court granted appellant's motion for leave to file his motion for rehearing from the refusal of his petition for discretionary review in order to consider the correct standard for the review of cases based on circumstantial evidence. Appellant specifically asked that we announce the correct standard as being one in which the appellate court reviews the evidence in light of the presumption that the accused is innocent. Subsequent to granting appellant's motion for leave to file, we handed down a group of cases which settled the question of the standard of review to be used in circumstantial evidence cases. Carlsen v. State, 654 S.W.2d 444 (Tex.Cr.App. 1983) (opinion on motion for rehearing); Freeman v. State, 654 S.W.2d 450 (Tex.Cr.App. 1983) (opinion on motion for rehearing); Denby v. State, 654 S.W.2d 457 (Tex.Cr.App. 1983) (opinion on motion for rehearing); and Wilson v. State, 654 S.W.2d 465 (Tex.Cr.App. 1983) (opinion on motion for rehearing). The Court found that the standard for review in both direct and circumstantial evidence cases is whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

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