McDaniel v. State

HAWKINS, Presiding Judge.

Upon original submission no brief for appellant was presented; neither was there an oral argument. In his motion for rehearing certain things are called to our attention which escaped us when considering the case originally.

The indictment was not returned until August 28, 1940. It charged by proper averments that appellant stole sixty dollars from Lennie Krumnow about the 1st day of August, 1937. Krumnow testified that sometime in August, 1937, he and Ernest Radie, with their wives, went to the falls on the Brazos River to fish and swim; that he put $64.00 of his own…