Bagley v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

Our prior opinion is withdrawn and the following substituted in lieu thereof.

The offense is murder with malice; the punishment, 35 years.

In his first ground of error, appellant contends that the allegations contained in the indictment present a material conflict and that inclusion of the word “stricking” in the indictment failed to apprise appellant of the offense with which he was charged.

The first paragraph of the indictment charged appellant and his co-indictee with *657causing the death of the deceased by striking him with a hammer.…