Banks Stocks v. State

(dissenting on Motion for Rehearing.)

In his motion for rehearing appellant urged that we were in error in our original opinion in reaching the conclusion that the trial court was not required to charge on circumstantial evidence, criticism of its omission being pertinently called to the court’s attention by objections to the charge given.

After a careful re-examination of the record I have concluded that upon the point mentioned we were in error.

The indictment charged that appellant, in Lubbock County, fraudulently embezzled, misapplied and converted to his ■ own use, without his principal’s…