Meyer v. State

ON MOTION FOR REHEARING.

MARTIN, Judge.

It is vigorously insisted by appellant that a motion presented orally to quash an indictment because of duplicity, before trial has begun, which motion is acted on and overruled by the court and such motion is aftérward reduced to writing before the testimony is concluded and is again overruled, ought to be considered.

It appears from the record that a proper oral motion was made before a trial had been entered upon, asking that both counts of the indictment be quashed for duplicity and was overruled by the court. This motion was reduced to writing later…