Webb v. State

• Decision Date: 01 June 1918
• Citation: Webb v. State, 203 S.W. 955, 140 Tenn. 205 (Tenn. 1918)
• Parties: WEBB ET AL. v. STATE.
• Court: Tennessee Supreme Court

203 S.W. 955

140 Tenn. 205

WEBB ET AL. v. STATE.

Supreme Court of Tennessee.

June 1, 1918

Appeal from Circuit Court, Gibson County; Thos. E. Harwood, Judge.

Annie Webb and another were convicted of murder and they appeal.Reversed as to Annie Webb, and remanded for new trial.

L. H Tyree, W. W. Herron, and Clark & Landrum, all of Trenton, for appellants.

W. H Swiggart, Jr., Asst. Atty. Gen., for the State.

WILLIAMS J.

In the prosecution of a murder case, where the only incriminating evidence against the accused is circumstantial, is it reversible error for the trial judge to fail to instruct the jury upon the nature of circumstantial evidence and upon the general rules of law governing it, no special request being tendered by defendant?Yes.

Principle In such a case the main fact--the factum probandum--is the fatal stroke, and if there be no direct testimony connecting the accused with the main fact, as the slayer, and the sole evidence is circumstantial, it is error not to instruct the jury as to the rules applicable to that kind of evidence.The error is of a class denominated fundamental.It goes essentially to the basis of the accused's theory for defense.

"Circumstantial evidence" differs from direct evidence, and consists of proof of collateral facts and circumstances from which the existence of the main fact may be deduced according to reason and common experience of mankind.The force and the weight of such proof have well-defined recognition in rules of law, and judges should not deny the accused their safeguard.

Precedent As to the fundamental...