Price v. State

ON MOTION FOR REHEARING.

HAWKINS, JUDGE.

Article 394, C. P. P. 1925 (Old Code No. 446) reads as follows:

“The fact of a presentment of indictment in open court by a grand jury shall be entered upon the minutes of the court, noting briefly the style of the criminal action and the file number of the indictment, but omittiug the name,..of the defendant, unless he is in custody or under bond.”

The. record of presentment in the present case is copied in our original opinion and identifies -the indictment against accused by number only. It is again urged in appellant’s motion for rehearing that the…