LEVI v. STATE

No. 54668.

573 S.W.2d 784 (1978)

Henry Davis LEVI, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Dissenting Opinion On Motion For Rehearing Denied December 20, 1978.


Attorney(s) appearing for the Case

Lynwood Sanders, Orange, for appellant.

Jim Sharon Bearden, County Atty. and L. Jim Wallace, Asst. County Atty., Orange, and Jim D. Vollers, State's Atty., Austin, for the State.

Before ONION, P. J., and DALLY and VOLLERS, JJ.


Dissenting Opinion On State's Motion For Rehearing Denied December 20, 1978.

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of theft of property of the value of more than $200 but less than $10,000. The punishment is imprisonment for four years, probated.

The appellant asserts that the trial court erroneously refused to submit to the jury a charge on the law of circumstantial evidence. We agree and reverse.

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