Donahoe v. State

ON MOTION FOR REHEARING

MORRISON, Presiding Judge.

For the first time on motion for rehearing, we have been furnished with a very comprehensive brief in which the eonstitianality of Article 567b, V.A.P.C. (giving check, draft or order without sufficient funds) is attacked section by section. The constitutionality of the presumptions created by the statute are particularly challenged.

While it is true that an accused may at any stage of the proceedings against him attack the constitutionality of a statute under which he has been convicted, we do hold that it is incumbent upon him to show that he…