Hankins v. State

OPINION ON STATE’S MOTION FOR REHEARING

ODOM, Judge.

On original submission of this appeal from a conviction for burglary of a building, a panel of this Court held reversal was required for failure to submit appellant’s requested charge on circumstantial evidence. On rehearing, we decline to follow the original disposition of the appeal. The arguments in favor of abolishing the requirement of a circumstantial evidence charge are meritorious and we now hold that such a charge is improper. In so holding, we join the growing trend of state courts on this issue.

As noted by Judge Dally in his…