Northern v. State

ON state’s motion for rehearing.

HAWKINS, Presiding Judge.

The State in large measure predicates its motion for rehearing on the proposition that the court should take judicial notice that the kicking and stomping was bound to be with the feet. Art. 411 C. C. P.

In holding the indictment bad because there was no averment that deceased was kicked and stomped “with the feet” this court has announced no new doctrine. When this State was a Republic, in Bush v. Republic of Texas, Vol. 1 Tex. App. p. 454, decided in 1845, the appellate court as then constituted announced that an “indictment should…