Cobb v. State

*339ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

Appellant files a motion calling attention to a matter which makes it necessary to change our order reversing and remanding of date April 24, 1940, to an order reversing and ordering a dismissal of the prosecution under the present information. The defect in the information was pointed out in appellant’s brief but was overlooked on original submission.

The offense was alleged to have been committed on December 9, 1939. Both the complaint and information were filed that same day. It is averred in the complaint that the offense was committed…