Moore v. State

ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

In his motion for rehearing the appellant cites two cases involving circumstances held insufficient to show possession and urges that we distinguish them from the case at bar.

In Gonzales v. State, 143 Tex.Cr.R. 48, 156 S.W.2d 988, the only evidence linking *761the accused to a gallon of whiskey found buried on a vacant lot was some unidentified tracks near his home leading to the area where the bottle of whiskey was uncovered. It was further shown in that case that a public road near the lot and appellant’s home would allow any traveler access to…