Neely v. State

ON MOTION FOR REHEARING.

BEAUCHAMP, Judge.

This case was submitted without the benefit of brief or oral argument, without statement of facts and with a bill of exception which could not be appraised in the absence of statement of facts. On motion for rehearing, however, our attention has been called for the first time to a defect in the complaint, the jurat to which reads as follows:

“Sworn to and subscribed by J. B. Wilkinson, a credible person, before me, on this the------day of August, A. D. One Thousand Nine Hundred and Forty-one.

“Joe Gordon

“Gray County, Texas.”

The defect is perfectly…