Court of Criminal Appeals of Texas

Harden Hankins, Appellant v. the State of Texas, Appellee

March 1, 19831983 Tex. Crim. App. LEXIS 962

Summary

The Court of Criminal Appeals reversed Harden Hankins' conviction and remanded because the trial court failed to give a mandatory circumstantial evidence instruction when guilt was inferred from the evidence. The majority held that such an instruction is required whenever the prosecution's case rests on inference, and it reversed the judgment. Three dissenting opinions argued that the majority improperly abolished a long‑standing Texas charge and, in one case, also criticized the lack of a reasonable‑doubt definition.