Salazar v. State

OPINION ON MOTION FOR REHEARING

Appellant takes us to task in his motion for rehearing1 for failing to address his third ground of error, which was that there was insufficient evidence to show that the Grand Jury made a diligent inquiry to determine the specific merchandise stolen.

The indictment alleged that the type of merchandise was unknown to the Grand Jury. The evidence adduced at trial was ambivalent as to the type of merchandise, and the Grand Jury foreman testified that the type of merchandise was unknown. The requirement that a showing of diligence on the part of the Grand Jury must…