West v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant urges in his motion for rehearing that it was fundamental error for the court not to have charged on circumstantial evidence.

No exception was directed to the charge for omitting an instruction on circumstantial evidence, and no special charge on the subject was requested. Where no such objection was interposed, nor any special charge requested, this court will not entertain complaint of the omission to charge on circumstantial evidence. Jazo v. State, 114 Texas Crim. Rep., 567, 26 S. W., 631 and cases therein cited. We are not to be understood…