Carter v. State

HAWKINS, Judge.

Conviction is for wife desertion, punishment being ninety days’ confinement in the county jail.

This cause appears to have been tried upon a substituted indictment. The transcript shows a written suggestion by the county attorney that the indictment was lost and asks leave to substitute, then follows in the transcript an indictment, but if an order was made directing substitution it is not shown. The record on appeal must contain the proper order of the court authorizing the substitution. Clampitt v. State, 3 Tex. Cr. App. 638; Strong v. State, 18 Tex. Cr. App. 19; Brooks v.…