Shawhart v. State

ON APPELLANT’S motion FOR REHEARING

DICE, Judge.

Appellant insists that the evidence is insufficient to show that he possessed the four one-half pints of whisky found in the car and the nearly full 4/5 quart of whisky thrown from the car because the evidence shows that his wife could have owned the whisky and had an equal opportunity to possess it with him, and that the state failed to disprove such outstanding hypothesis. In support of his contention, appellant cites and relies upon the case of Maddox v. State, 156 Tex. Cr. R. 151, 240 S.W. 2d 319.

Under the facts shown, we find no merit in the…