Totten v. State

The record having been corrected, the appeal is reinstated and the case considered on its merits.

The prosecution proceeded under Article 42, P. C., which reads as follows:

"One intending to commit a felony and who in the act of preparing for or executing the same shall through mistake or accident do another act which, if voluntarily done, would be a felony, shall receive the punishment affixed to the felony actually committed."

We quote the charging part of the indictment, as follows:

"Joe Totten, on or about the 23 day of July, A.D. one thousand nine hundred and thirty-six and anterior to the…