Galvan v. State

*627OPINION ON STATE’S MOTION FOR REHEARING

CLINTON, Judge.

On original submission on a panel opinion 1 reversed this judgment of conviction for the offense of possession of more than four ounces of marihuana because the trial court deleted the words “and no other person” from a timely requested charge on circumstantial evidence. The panel opinion pointed out that, under the State’s theory of the case, the only way it could discharge its burden of establishing the guilt of appellant was by showing that he, and no other person,2 had possession of the marihuana. In its brief the State did not…