Spears v. State

APPPLICATION TO FILE SECOND MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant requests leave to file a second motion for rehearing, still insisting we are in error in approving the charge given on the explanation of possession of recently stolen property. The charge condemned in Cagle’s case (52 Tex. Cr. R. 307, 106 S. W. 356) required the explanation to “account for defendant’s innocence,” and such was the effect of the charges in the other authorities cited by appellant. The charge given by- the learned trial judge in the - present instance is a literal copy of the charge laid down as correct…