Collins v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

In his motion for rehearing appellant further insists that the charge given by the court on the issue of voluntary return of stolen property under Art. 1424 P. C. was on the weight of the evidence, and intimated that appellant was the thief. We are referred to Schultz v. State, 30 Tex. Cr. R. 94, 16 S. W. 756 and Eubanks v. State, 57 Tex. Cr. R. 153, 122 S. W. 35, in support of appellant’s contention. The judgment in each of said cases was reversed because the court instructed on “voluntary return” of stolen property in the absence of evidence…