Benson v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant’s motion for rehearing asserts that the indictment herein is bad for two reasons, viz: it alleges that the crime was committed on the____________ day of January, 1934; also fails to allege that said crime was committed in Upshur county. The indictment recites in its beginning that the grand jurors for the County of Upshur, State of Texas, present in and to the district court of said county, that on or about the____________ day of January, 1934, and anterior to the return of the indictment, A. R. Benson in said county and State, did, etc. The…