Ex parte McFarland

OPINION ON STATE’S MOTION FOR REHEARING

CLINTON, Judge.

On original submission the Court found that the indictment alleging that the applicant 1 committed the offense “on or about the 31st day of April, A.D. 1978” stated “an impossible date,” 2 is fundamentally defective and did not confer jurisdiction on the trial court. Tex.Cr.App., 629 S.W.2d 761. In his motion for rehearing the State Prosecuting Attorney strongly argues that the “on or about” language of the indictment *622serves adequately to provide the trial court with jurisdiction. We granted his motion for leave to file in order to examine…