Womack v. State

ON APPELLANT’S MOTION FOR REHEARING.

HAWKINS, Judge.

The appellant in his motion for rehearing contends that the trial court erred in failing to charge upon the defensive theory of purchase of the alleged stolen oats. No objection was made and no exception reserved to the charge because of a failure to embrace such instruction. We are not at liberty to strike down or nullify the provision of Art. 658, C. C. P., requiring objections to the court’s charge to be presented before the same is read to the jury. A charge covering the explanation given by the appellant as to his possession of the oats…