Meredith v. State

ON REHEARING.

April 23, 1919..

MORROW, Judge.

The alleged owner testified positively that he did not give his consent to the breaking and entry of his store, but only circumstantially as to his want of consent to take the property after the entry. Appellant’s contention is that where positive and direct evidence is attainable it is not- permissible for the State to resort to circumstances to verify or prove a fact. As a general proposition this is correct, and is well supported by the authorities. When that rule is invoked it should be sustained. The authorities, however, also sustain the…