Dodd v. State

ON MOTION FOR REHEARING.

KRUEGER, Judge.

Appellant earnestly insists that we erred in holding that the trial court did not err in failing to charge on the law of circumstantial evidence. We have again reviewed the. record in the light of the appellant’s motion, but see no reason for receding from the conclusion reached as stated in the original opinion.

It is the settled rule in this state that a charge on circumstantial evidence is not required if there is proof that the deceased, either as a part of a dying declaration or as a part of the res gestae, stated that the defendant shot him.

In the…