Johnson v. State

DAVIDSON, Judge.

This is a conviction for bigamy; the punishment, two years in the penitentiary.

This is a second appeal of this case. The former appeal will be found in 157 Tex. Cr. Rep. 564, 251 S. W. 2d 739.

Upon the former trial of this case the jury wrote their verdict upon the face of the indictment, in which they found appellant guilty and assessed his punishment at five years in the penitentiary.

By motion to quash, appellant sought to have the indictment treated as a mutilated instrument, by reason of the above facts, and to have a substitute filed in lieu thereof. The motion was…