Ferguson v. State

on rehearing.

November 15, 1916.

PRENDERGAST, Presiding Judge.

The State’s able attorneys who were employed specially to prosecute this case have filed a very elaborate and lengthy argument and brief, urging vigorously and forcibly that this court erred in holding the indictment herein defective. They invoke several well established doctrines as applicable herein, such as surplusage, and that an indictment can properly allege conjunctively all the ways when there are more than'one in .which a given offense may be committed, and that proof of either will sustain a conviction, and some others,…