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158 Tex. Crim. 161

Lancaster v. State

Court of Criminal Appeals of Texas

Decided November 19, 1952

Court of Criminal Appeals of Texas · decided 1952-11-19

Decided 1952-11-19

¶1ON MOTION FOR REHEARING.

BELCHER, Judge.

¶2Appellant urges that we erred in holding the facts sufficient to support the conviction, and if sufficient, then he urges that the court erred in holding that this case did not require a charge to the jury on circumstantial evidence.

¶3The facts have been re-examined and found to be sufficient to support the conviction.

¶4Although there are circumstances pointing to the guilt of appellant, yet, there is direct evidence in the record that appelplant and his companions committed the act charged. Therefore, an instruction to the jury on circumstantial evidence is not required.

¶5The statement in the original opinion concerning the quantity of fish is corrected to read “about half a tub full.”

¶6We have reconsidered the case in the light of the matters presented and are of the opinion that the correct conclusion was reached.

¶7The motion for rehearing is overruled.

¶8Opinion approved by the Court.

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