Brasfield v. State

OPINION ON STATE’S MOTION FOR REHEARING

ODOM, Judge.

Motion for leave to file State’s motion for rehearing was granted so that we could reconsider one particular issue.

On original submission we held that the indictment in this case was subject to the motion to quash filed by appellant. The indictment failed to allege sufficient facts (particularly, the name of the kidnap victim) to give appellant notice of the charges against him and permit preparation of his defense. Drumm v. State, Tex.Cr.App., 560 S.W.2d 944. To this holding we adhere.

In footnote 5 of our opinion on original submission,…