115 S.W.2d 681 | Tex. Crim. App. | 1938
The offense is burglary; the punishment, confinement in the penitentiary for two years. *279
On the night of the 17th of June, 1937, the place of business of Luther Massey was burglariously entered and a Ford automobile taken therefrom. Recently after the burglary appellant was found in possession of the stolen car. The burglar removed the numbers from a Buick automobile which was also in the building. Fingerprints were taken from the Buick, and after he had been arrested officers took appellant's fingerprints. The prints upon the automobile corresponded with those of the appellant.
In bill of exception No. 1 complaint is made of the action of the trial court in permitting the State to prove that appellant's fingerprints were taken while he was under arrest. Appellant's contention that the reception of such evidence was violative of Section 10 of the Bill of Rights can not be sustained. In McGarry v. State,
Appellant timely and properly excepted to the charge of the court for its failure to submit an instruction on the law of circumstantial evidence. In declining to respond to the exception the court fell into error. Fingerprints, while admissible, are not conclusive as to the identity of an individual. They are merely circumstances. Davis v. State,
The judgment is reversed and the cause remanded.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court. *280