Brown v. State

CONCURRING OPINION ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

To enforce the provisions of the Constitution declaring that in a criminal case “the accused shall have right to demand nature and cause of accusation against him, and to have a copy thereof,” and “shall not be held to answer for criminal offense, unless on indictment of grand jury,” the Legislature has enacted statutes setting forth certain requisites essential to the validity of an indictment, and the courts have uniformly insisted, both in averment and proof, upon a substantial compliance with these provisions. See Huntsman…