Banks Stocks v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

_ Appellant’s motion is mainly concerned with a failure of the trial court to charge the jury on the law of circumstantial evi dence herein, as was timely requested and exception, reserved for súch failure.

It is incumbent upon the trial court to instruct the jury upon the law of circumstantial evidence only when the fact sought to be proven rests wholly upon circumstances only. We quote from 24 Tex. Jur., p. 587, Sec. 101: “But a charge upon circumstantial evidence is required only where the evidence of the main facts essential to guilt is purely and…