Fuller v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In the motion for rehearing, the point stressed is that there was an absence of proof that the City of Waco was incorporated. Reference is made to Akin v. State, 23 S. W. (2d) 379, on the proposition that in this character of prosecution where the averment is that the offense was committed upon the streets of a city, there must be proof that the city was incorporated. In the present instance, the record shows that one of the witnesses testified as follows:

“I know where Franklin is located in the city of Waco. Franklin Avenue is within the…