Martinez v. State

HENDERSON, Judge.

Appellant was convicted of hog-theft, and his punishment fixed at two years confinement in the penitentiary, hence this appeal.

The only question requiring consideration is the substitution of the indictment, and the trial of appellant thereon. It appears from the statement of facts in this regard, that there was a former conviction, and appeal prosecuted from that conviction, and that the original indictment, under the order of the court, was forwarded with the transcript to the Dallas Branch of this court; that the cause was reversed and new trial awarded appellant; that…