Fields v. State

PRENDERGAST, Judge.

— By proper indictment and under a correct charge appellant was convicted of the theft of a mule.

There is no bill of exceptions in the record. Neither is there any statement of facts. Nor is there any motion for a new trial. After this case was submitted, the appellant, through his attorney, filed a suggestion to the court that the indictment charges that the offense was committed on May 4, 1912, and claims that the indictment was filed in said court on April 22, 1912. Therefore, the indictment charging the offense was committed after the indictment was filed, that it must…