Ex Parte Kimberlin

OPINION ON THE STATE’S MOTION FOR REHEARING

DALLY, Judge.

The panel’s prior opinion on original submission is withdrawn. This is a post-conviction application for writ of habeas corpus brought under the provisions of Art. 11.07, V.A.C.C.P.

Petitioner was convicted on February 23, 1979, for the felony offense of credit card abuse. The punishment assessed is imprisonment for four years.

The petitioner asserts that the indictment under which she was convicted is fundamentally defective because it fails to allege an offense.. The indictment alleges, in pertinent part, that on or about the 28th day of…