White v. State

DAVIDSON, Judge.

Appellant was convicted of violating the local

'option law, his punishment being assessed at a fine of $100 and fifty days imprisonment in the county jail.

Without going into a detailed statement this record presents this question: When the case was called for trial there was no indictment; it was lost. The county attorney verbally asked permission of the court to substitute. This was granted by the court. The county attorney wrote out an indictment, which he read to the jury. Objection was urged to all this, and it was insisted that the law be complied with if substitution was…