Granado v. State

The form of the indictment rather than its contents is the basis for the granting of appellant’s motion for rehearing.

The point upon which the reversal is predicated was squarely before this court in Richardson v. State, 159 Texas Cr. Rep. 89, 261 S.W. 2d 585, and was decided contrary to appellant’s contention herein.

The majority find it necessary to overrule that unanimous decision.

It is settled law that whether one offense is of “like character” or “of the same nature” as another is a question of law for the court, and not a fact question to be passed upon by the jury. Harbert v. State, 136…