Battalion/Page 5
March 3, 1983
March 3,1
local/state
icc turn
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disa
Lunch, anyone?
staff photo by Irene Mees
midlife and fisheries graduate students
30 pin job Dean, from Carrizo Springs, left
id Hugh McCrystal, from New York
ndrlM some animal specimens back to the
search collection in the basement ol
iling f
Main
the Sterling C. Evans Library as Rosa
Portal, a freshman food science and
technology major from Venezuela, in
spects the merchandise.
Zoning
meeting
tonight
The College Station Planning
and Zoning Commission will
meet at 7 tonight in College Sta
tion City Hall.
Among the items to be discus
sed are:
— A public hearing on the re
zoning of a tract of land in the
Woodcreek subdivision from
open agricultural to townhouses
and rowhouses.
— Plans for the revision of the
parking lot of the Ramada Inn
on Texas Avenue.
— Plans for the parking lot of
the Texana National Bank of
College Station.
— Approval of a site plan per
mit for the Spring Loop four-
plexes in the University Park II
subdivision.
— Approval of the final plot
of land for the vacating and re
platting of part of lot B of the
Courtyard apartments.
— Approval of a plot of land
for a portion of the Richard’s
Edition subdivision.
— Consideration of allotting
a partial plot of land in the Val
ley Business Park.
Ividence ruling changed
. . It Ciiiteil Press International
'P I JUSTIN — Evidence in a
ivt° be considered in its
^ * alit\. ihc st.in- ( nm t ol Cri-
llu •'Fpl Appeals ruled by a 5-4
■Tliis eliminated a require-
nt that trial judges explain to
brs how they should treat cir-
Kantial evidence.
fferdInhere * s but one standard of
■ for criminal convictions
where the jury is properly
partmem iruued on that 'standard, a
gue. irgt on circumstantial evi-
Allgaoice is valueless and invites
1 Thursdtlfusion,” the court said in a
illation» page ruling,
ion Depart*
tion fees
rom II:;
The decision came in a review
of a Bell County burglary con
viction against Harden Hankins
that had earlier been over
turned on the grounds the jury
had not been properly in
structed on circumstantial evi
dence.
The majority opinion, writ
ten by Judge Wendell Odom,
said, “Rather than aiding jurors
in applying the reasonable
doubt standard, an additional
charge on circumstantial evi
dence focusing on the ‘reason
able hypothesis’ theory serves
only to distract jurors from ex
amining the proper standard of
proof as the primary focus of
their deliberations.”
In a dissenting opinion,
Judge Marvin Teague said, “I
would prefer that 20 juries each
be ‘confused’ by an instruction
on the law of circumstantial evi
dence than see one innocent
person imprisoned or executed
because of the lack of an instruc
tion on the law of circumstantial
evidence.”
Judge Chuck Miller, also dis
senting, said the court did not go
far enough because it should
have lifted a prohibition against
instructing the jury on a defini
tion of reasonable doubt.
“We seem today to apply a
Band-Aid approach to the ulti
mate issue before us; that is, the
issue of what do we tell a jury
when they ask, ‘How convinced
must we be?”’ he added.
In a separate dissent, Presid
ing Judge John Onion said the
instruction on circumstantial
evidence is needed because of
“general public distrust of con
victions by circumstances of
possibly innocent individuals.”
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