McKinney v. State

ON STATE’S MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

The State has filed a motion for rehearing pointing out that the indictment as copied in the transcript before us at the time the original opinion was prepared by inadvertence had omitted therefrom an allegation that the assault was committed with the pistol alleged to have been unlawfully carried. The clerk has forwarded a supplemental transcript containing the indictment which properly charges the offense, and that part of our opinion holding to the contrary is no longer pertinent.

However, the question of variance as to the name of…