Garner v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge. —

In his motion for rehearing appellant recognizes that the case of Baker v. State, 106 S. W. (2d) 308, is in opposition to his contention that the exceptions should have been alleged in the indictment, but urges that the holding in said case is out of line with authorities cited in his brief. Upon original submission of the Baker case our holding was in accord with appellant’s contention, but on rehearing that question was exhaustively considered, and while realizing that our decisions are apparently in conflict, we reached the conclusion that the…