Carter v. State

ON MOTION FOR REHEARING.

Graves, Judge.

Appellant has filed an exhaustive motion for a rehearing herein, alleging as his first ground for the granting of such motion the following: “(1) That the fourth count in the indictment is fatally defective because it fails to allege that the Railroad Commission had, prior to the time of the alleged offense, duly made and promulgated an order or regulation requiring the use of tenders in the transportation of oil and prescribing the form or forms of such tenders.”

It will be seen from a perusal of the indictment, as set forth in the original opinion, that…