Todd v. State

ON REHEARING.

March 30, 1921.

LATTIMORE, Judge.

In an able motion for rehearing presented by the Hon. Frank B. Tirey, County Attorney of McLennan county, the State advances four propositions. The first is that embraced in Article 476, Vernon’s C. C. P., which is, that unless the substantial rights of a defendant are prejudiced, the trial, judgment or other proceedings based on an indictment, shall not be affected by reason of any defect or imperfection of form, and that the insertion in the indictment of allegations of other offenses presents no error if the trial court in his charge to the jury…