Oglesby v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant and Newt.on were arrested in Fort Worth in possession of a car in- which was the property taken from the burglarized house. The car was muddy, with fresh red clay mud. Appellant and Newton had the same kind of mud on their shoes and clothes. One of them said the car is “our car.” Appellant said they lived on a ranch near Denton. Appellant did not testify on the trial.

" We do not think our conclusion wrong in which we upheld the trial court’s refusal to change his charge in response to an exception, copied in our original opinion, to the…