Carson v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant moves for rehearing. He earnestly contends that the second count in the indictment, which alone was submitted to the jury, is duplicitous and repugnant. We are not able to agree with him.

As substantially said in our original opinion, appellant was charged with operating his car upon a public highway in Mc-Culloch County, to-wit: on what is known as North Bridge Street in the town of Brady, McCulloch County, Texas. We fail to see any repugnance or duplicity. Both averments as to the place of operation of appellant’s car relate to the same…