Wilson v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

The gravamen of the offense of which appellant was convicted was receiving stolen property with knowledge that it had been so acquired. Wharton’s Crim. Evidence, Vol. 1, Sec. 35, page 135; Mehlman v. State, 92 Tex. Cr. R. 557, 244 S. W. 602. It is appellant’s contention that while the accomplice Barton gave direct testimony regarding the theft of the property and the delivery of it to appellant, yet the fact that appellant knew the property had been stolen was established by proof of circumstances only, hence that the court was in error in declining to…