McVicker v. State

ON appellant’s motion for rehearing.

KRUEGER, Judge.

Appellant, in his motion for a rehearing, earnestly insists that this court erred in declining to sustain his contention that the trial court erred in failing to submit his special requested instruction on the law of circumstantial evidence.

If the State’s case had rested wholly upon circumstantial evidence, then his position would be well taken, but such is not the case. Consequently, the failure of the trial court to give said instruction or one of like import was not error. See Wilson v. State, 133 Tex. Crim. Rep., 347; 111 S. W. (2d), 261;…