Maples v. State

ON APPLICATION FOR LEAVE TO FILE SECOND MOTION FOR REHEARING.

LATTIMORE, Judge. —

Appellant asks that a second motion for rehearing be granted on the proposition that the record herein does not show that the motion to substitute the indictment was made and acted upon in open court. He cites Morris v. State, 257 S. W., 899, and Farrell v. State, 66 S. W. (2d) 694. In the former appears this statement: “Upon these reasons the record should show that the suggestion to substitute had been presented in open court, and that there had been spread on the minutes of the court the court’s order of…