Scott v. State

• Decision Date: 08 June 1887
• Parties: SCOTT v. STATE.<SMALL><SUP>1</SUP></SMALL>
• Court: Texas Court of Appeals

5 S.W. 189

SCOTT v. STATE.¹

Court of Appeals of Texas.

June 8, 1887.

Appeal from district court, Houston county.

Tried below before the Honorable F. A. WILLIAMS.

Appellant in this case was convicted in the second degree for the murder of Alsie Taylor and Lettie Smotherman, and was awarded a term of 10 years in the penitentiary.

The state's evidence in this case established the fact that the two girls were killed by somebody on one Sunday on the highway while they were en route to keep an assignation with the main state's witness. The evidence of this witness, who is shown to have been a pardoned convict, strongly inculpated one McCalvey, who was otherwise shown to have lived in concubinage with one of the murdered women. His evidence, however, involved the appellant only to the extent of locating him and McCalvey together a short time before the killing. Several witnesses for the defense delivered testimony strongly tending to establish an alibi, and proved the dying declarations of one of the girls, which only involved McCalvey.

Stewart & Denny, for appellant. Asst. Atty. Gen. Davidson, for the State.

WILLSON, J.

This conviction is based solely upon circumstantial evidence, and the inculpatory circumstances tending to establish the defendant's guilt of the murders are of an unsatisfactory and inconclusive character. We shall not consume time in reciting the facts proved, as the reporter will publish them. After a thorough consideration of the evidence as it is before us, we must say that the conviction is not warranted thereby, and the court erred in refusing to grant a new trial upon the ground that the evidence did not support the verdict.

The judgment is reversed, and the cause is remanded.

1. Reported by Messrs. Jackson & Jackson, official reporters of the Texas court of appeals.