Ashley v. State

ON MOTION FOR REHEARING.

*537WOODLEY, Judge.

Appellant earnestly urges that the trial court erred in overruling his exceptions to the information. He argues with much force that the allegation to the effect that the information was presented on “the written affidavit of F. R. Land, a competent and creditable person” was prejudicial, and amounted to hearsay ; amounted to a certification by the county attorney that the named affiant whose credibility was not questioned was a competent and credible person.

Art. 415, C.C.P. provides in part “No information shall be presented until affidavit has been…