Cabiness v. State

ON REHEARING.

May 8, 1912.

PRENDERGAST, Judge.

It is but just to appellant’s attorneys to state that they did not represent him in any way in the lower court, but he was represented by another attorney altogether. It seems that his attorneys in this court had no connection with the case until after, not only the trial in the court below, but the preparation of the record too.

In effect the appellant in this court raised but two questions, first, he claims the evidence is insufficient to sustain the verdict, and, second, that the indictment is fatally defective because duplicitous. He seems to…