Gragg v. State

on state’s motion for rehearing.

HAWKINS, Presiding Judge.

The State’s motion for rehearing agrees with Judge Beau-champ’s opinion wherein he holds the evidence sufficent, but sharply challenges the holding that the indictment is bad. On the other hand, the motion agrees with the dissenting opinion of Judge Graves that the indictment is sufficient, but disagrees with the conclusion therein expressed that the evidence is insufficient.

We agree with the State in its position that in ordinary understanding the averment that deceased was “drowned” means that she was drowned in water. But to our mind…