Sumner v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge. —

In his motion for rehearing appellant urges with much force that the trial court was in error in a charge given regarding the theft of cattle other than the one alleged in the indictment to have been stolen.

The objections to the court’s charge were incorporated in the-original transcript, but were in no way authenticated by the trial judge. However, by a supplemental transcript such authentication is shown, and at the time the original opinion was written such supplemental transcript must have escaped attention. , In no other way can the omission to…