Russell v. State

CHRISTIAN, Judge.

The offense is theft of property over the value of fifty dollars, the punishment confinement in the penitentiary for two years.

Appellant assigns as error the failure of the court to embody in the charge an instruction covering the law of circumstantial evidence. Timely exception was taken to the omission of such instruction.

The testimony of the state was substantially as follows: A garage owned by F. J. Hlavaty in the town of West was burglarized and thirteen automobile casings and some radio hose taken therefrom. Eleven of the casings were recovered about two weeks from the…