Nelms v. State

Smith, Judge.

Because of the trial court’s failure to charge on circumstantial evidence, we must reverse Nelms’ conviction for theft by receiving stolen property.

The indictment returned by the grand jury charged appellant with "Theft by Receiving Stolen Property for that the said Ted Nelms . . . disposed of stolen property, to-wit: a citizen’s band radio, and a Coleman lantern belonging to Gary Hardeman and a sleeping bag, one .45 caliber rifle, serial number 34923 belonging to Chuck Butterworth of a value in excess of $100, knowing said property was stolen; said property not having been…