Gurganus v. State

Appellant has filed an able and well considered motion for rehearing. He insists that we erred in our original opinion in holding that the issues of receiving stolen property, accomplice, and alibi were not raised by the evidence.

Upon a more careful review of the record in the light of the motion, we are inclined to agree with him. The testimony which raises such issues comes from the lips of the appellant himself, which is somewhat at variance with his confession. Nevertheless, the issues being raised, he was entitled to a proper intruction from the court with reference thereto. See…