Legal Opinion

Everett v. State

Court of Criminal Appeals of Texas

Decided April 3, 1929No. 12523Published

The opinion states the case.

1Opinion

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— Appellant predicates a motion for rehearing upon the contention that the indictment is duplicitous, thereby for the first time raising such question. We see no defect in the indictment in the particular mentioned. Even if it were vulnerable to such attack it comes too late after verdict. Melley v. State, 93 Tex. Cr. Rep. 522, 248 S. W. 367; Garner v. State, 100 Tex. Cr. Rep. 626, 272 S. W. 167; Ramsey v. State, 108 Tex. Cr. Rep. 182, 299 S. W. 411.

The motion for rehearing is overruled.

Overruled.

2Cases cited3 opinions

  1. Melley v. StateCourt of Criminal Appeals of Texas · 1922
  2. Garner v. StateCourt of Criminal Appeals of Texas · 1925
  3. Ramsey v. StateCourt of Criminal Appeals of Texas · 1927