Logan v. State

ON REHEARING.

March 5, 1924.

LATTIMORE, Judge.

In his motion appellant sets up that the indictment is fatally defective in that it alleges that appellant testified before the grand jury that he ‘ ‘ did buy a quart of whisky from Robert Ash » . . in the presence of Johnny Smithers,” the proposition being that the latter allegation was immaterial and invalidated the indictment. We do not think so. Reference to the indictment disfilesses; that it is alleged that it became and was “a material inquiry before said grand jury ... . whether . . . Robert Ash had . . . unlawfully sold to Lee Logan . . .…