Kincheloe v. State

The State has filed a motion for rehearing in this case, contending that the case should not be reversed and that no errors are shown by bills of exception 2, 7, and 9. Only the argument relative to bill of exception No. 2 impresses us as having any serious ground for the contention made. This argument is concluded by the statement that "When verbal service was given by telephone there was a compliance with the statute." The original opinion quotes the language of the statute relied upon. It is conceded by the State that Article 597 of the Code of Criminal Procedure provides that service on…