Smith v. State

KRUEGER, Judge.

The appellant was convicted of the offense of theft of a hog, constituting a felonious offense of like nature of which he had theretofore been convicted, and *473his punishment was assessed at confinement in the state penitentiary for a term of four years, the highest penalty prescribed by law for said offense.

Appellant’s first contention is that the court erred in declining to sustain his motion to quash that part of the indictment charging former convictions of similar offenses with a view of enhancing the punishment. He contends that there is no averment as to the time, place,…