Noblitt v. State

On Motion for Rehearing.

LATTIMORE, J.

Appellant urges that a parenthetical clause in the seventh paragraph of the court’s charge, which is set out below, was erroneous and hurtful, and amounted to the submission of a count in the indictment, which was abandoned, and that we did noi consider this contention. We did consider same, but failed to discuss it. ’ •

The first count' of the' indictment charged that appellant swindled the Hirst National Bank of Canyon by giving and drawing- a certain check, etc. The second count charged the swindling of C. D. Lester by giving and drawing said check. The…