Cloninger v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In deference to the very earnest motion for rehearing and oral argument made by counsel for the appellant, we have made the most careful and through study of the legal questions controlling the case of which we are capable.

Two indictments were filed on the same day. In each the appellant was charged with the offense of rape. In cause No. 5889, the date of the offense was laid as of August 1, 1920, and in cause No. 5890, the date of the offense was laid as of October, 7, 1920. Cause No. 5889 was tried first and the judgment of conviction was…