McCauley v. State

On Motion for Rehearing.

HAWKINS, J.

In his motion for rehearing appellant insists that the sixth count in the indictment under which he was convicted is a substantial copy of the charging part of the indictment in Francis v. State, 90 Tex. Cr. R. 67, 233 S. W. 974, which was held to charge the commission *614of a misdemeanor only. If appellant be correct, of course, this conviction could not stand, the conviction being for a felony. We think appellant misconstrues the Erancis opinion. The indictment in that case and in Deisker v. State, 89 Tex. Cr. R. 467, 233 S. W. 978, were drawn .under then…