Denny v. State

OPINION ON APPELLANTS’ MOTION FOR REHEARING

MORRISON, Judge.

We have concluded that we were in error in holding that a charge on circumstantial evidence need not have been given. While it is true that the charge in this case followed the one given in Fisbeck v. State, 166 Tex.Cr.R. 105, 311 S.W.2d 865, we have now concluded that the difference in the offense charged and the facts are controlling. In Fisbeck v. State, supra, the charge was transportation and the accused was driving the automobile wherein the contraband was concealed. In this case the charge is possession, and the appellants are…