Carter v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

In his motion for rehearing appellant renews his attack upon the indictment on the general ground that it fails to allege the materiality of the alleged false statement contained in appellant’s affidavit which was attached to the motion for new trial. We have again critically examined the indictment — which is incorporated in our original opinion — and fail to find any vice therein.

In his valuable work (Branch’s Ann. Penal Code) the author on page 474 states a principle supported by the authorities cited, as follows: “If the indictment fails to…