Fiveash v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant insists that the evidence is insufficient to support the verdict and judgment. In the light of his motion we have carefully reviewed the facts, and state some of them.

While a case on circumstantial evidence, it is not one dependent solely on the fact of possession of recently stolen property. Blanton’s horse and buggy were taken from a hitch rack in the west part of the town of Santa Anna on the night of April 25th. Appellant, who lived eighteen miles south of Santa Anna, was in said town that night, and had no conveyance. Next day the…