Howell v. State

ON MOTION FOR REHEÁRING.

LATTIMORE, Judge.

A vigorous assault is made upon our holding it not error to refuse to charge on circumstantial evidence. The complaint was brought forward in bill of exceptions No. 4. Upon more careful examination and reflection we have concluded that we were in error in this particular.

The offense charged was burglary. We based our holding that this was not a case of circumstantial evidence upon the proposition that that the state did not rely alone upon the circumstance of recent possession of stolen property, but that the confessions of appellant were in evidence…