Edwards v. State

on rehearing.

March 1, 1922.

HAWKINS, Judge.

—In his motion for rehearing appellant insists that we were mistaken in holding that the court properly refused his special requested instruction with reference to the value of the property taken as a result of the alleged burglary. Appellant proceeds upon the theory that because there is a law making it an offense to sell whisky that it follows there is no market value for the same and appellant can not be guilty of burglary if the burglary was perpetrated for the purpose of stealing whisky. We do not regard it as necessary to discuss the question at…