Smith v. State

HEHDEBSOH, Judge.

Appellant was convicted of burglary and his punishment assessed at two years confinement in the penitentiary; and prosecutes this appeal.

There are no bills of exception to the admission or rejection of testimony. In appellant’s motion for a new trial he complains because the court did not give a charge on circumstantial evidence. The facts developed did not render such a charge necessary. If the testimony did not show that appellant was guilty by positive evidence, unquestionably the evidence placed him in such juxtaposition to the offense as rendered a charge on…