Cobb v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

The case was one of circumstantial evidence, but no exception to the failure of the court to submit that theory, appears in the record. In order to avail one of the failure to charge on circumstantial evidenqe, there must be either an exception to the charge of the court or a special charge presenting such theory. Charles v. State, 85 Tex. Crim. Rep. 534; Givens v. State, 98 Tex. Crim. Rep. 651.

The alleged forged instrument was in the form of an ordinary check calling for the payment of money. The Liberty Cafe in Beaumont, Texas, had a check book…