Shoffner v. State

On Petition for a Rehearing.

Niblack, J.

— Before proceeding with the trial of this cause a motion to quash both the affidavit and information was entered and overruled, and the first specification of error, assigned in this court, called in question the decision of the court below in overruling that motion. Complaint is now made that we failed to notice that specification of error at the former hearing.

The transcript filed by the appellant, in referring to the affidavit and information, contains the following entry of proceedings below: “Comes Brown, prosecuting attorney, and files affidavit…