Dixon v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant strongly insists in his motion for rehearing that this case should be reversed for the failure and refusal of the trial court to charge the jury that the State having introduced in evidence exculpatory statements of appellant, would be bound thereby, and same should be taken as true unless refuted by other evidence in the case. The facts bearing on this contention are set out in our original opinion, but are here restated in somewhat different form. In April or May, 1934, Mr. Soules found in appellant’s possession a sheep which had…