Castro v. State

ON APPLICATION to file second motion for rehearing.

MORROW, Presiding Judge.

In the request that the court consider his second motion for rehearing, appellant assails the soundness of the conclusion reached in the motion for rehearing that there was no variance available to the appellant growing out of the fact that in the indictment charging him with an offense in Kleberg county it was stated that the indictment was returned to the District Court of that county; it appearing that he was tried in the Criminal District Court of said county. We are constrained to adhere to the conclusion stated…