Burleson v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— The State has filed a motion for rehearing urging that we were in error in holding that the court *4should have instructed on circumstantial evidence, in view of a written objection specifically calling the court’s attention to an omission from the charge of any instruction on the subject.

The State relies on Colter v. State, 37 Texas Crim. Rep., 284, and Barnes v. State, 90 Texas Crim. Rep., 51, 232 S. W., 312, as supporting its position that to show appellant guilty as a principal reliance was not had on circumstantial evidence.

In Colter’s case positive…