Hayes v. State

ON appellant’s motion for rehearing

DICE, Judge.

Appellant insists that we erred in holding that under the testimony a charge on circumstantial evidence was not required.

A charge on circumstantial evidence is necessary only when the state’s case depends entirely upon circumstances for a conviction. Oakley v. State, 152 Tex. Or. R. 361, 214 S. W. (2d) 298; and Myers v. State, 159 Tex. Cr. R. 347, 263 S.W. (2d) 564.

*664Under the record, we remain convinced that the state’s proof of appellant’s intoxication did not depend upon circumstantial evidence and a charge thereon was not required. The…