Court of Criminal Appeals of Texas
Karl D. Johnson, Appellant v. the State of Texas, Appellee
June 20, 19841984 Tex. Crim. App. LEXIS 682
Summary
The Court of Criminal Appeals of Texas reversed the conviction for intentional injury to a child, holding that the State's circumstantial evidence was insufficient to prove beyond a reasonable doubt that the appellant intentionally caused the child's death. The Court applied the de novo standard for reviewing circumstantial evidence and found no proof of corpus delicti, intentional conduct, or the appellant's participation. The judgment was remanded for entry of an acquittal. A concurring opinion by Judge W.C. Davis agreed with the majority but noted the evidence could support a conviction for criminally negligent or reckless injury, which was not the charged offense.