S.E. McLeroy v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant insists that his motion to quash the indictment should have been sustained, and that we erred in not so holding in our original opinion. The point against the indictment was, — that after alleging that the automobile in question was received by appellant from some person to the grand jurors unknown, the indictment should have gone further and set out that the grand jury could not by reasonable diligence and investigation have ascertained the name of such person. The exact point was decided against appellant’s contention in Melton v. State, 56…