Mims v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

Appellant complains in his motion of the following statement in our original opinion, as follows: “In the present instance, we could eliminate from our consideration the testimony of the accomplice Sterns and there would still be sufficient evidence upon which the jury might base their conclusion of the appellant’s guilt inasmuch as he was found in possession of recently stolen property.”

The above statement might be treated as dicta, as same was not necessary nor called for in the proper disposition of this case.

We do think, however, that the possession…