Atwood v. State

ON appellant’s motion for rehearing.

BEAUCHAMP, Judge.

In his motion for rehearing appellant insists that the court erred in submitting the case to the jury in that, while he gave a charge only under the fifth count of the indictment, he did not tell the jury that the other counts were withdrawn. In fairness, and for the- purpose of placing the issues to be considered by the jury before them and to eliminate any confusion, this practice is recommended. We cannot say, however, that it is required.

Further contention is made that in the fifth count, under which appellant was convicted, there is no…