Bell v. State

ON MOTION FOR REHEARING.

BEAUCHAMP, Judge.

Three grounds are set out in appellant’s motion for rehearing, the first of which deals with a matter discussed in the original opinion. Without restating the position there taken, we concur in the conclusion reached.

The second ground for rehearing complains of the failure of this court to sustain appellant’s bill of exception number three which reflects an exception to the court’s charge, as follows:

“Such possession, however, is only prima facie evidence of guilt, or in other words merely raises a legal presumption of guilt, which presumption may be…