Haines v. State

ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Judge.

It is well settled that Art. 63, P.C. is reformatory in nature and to invoke its provisions it is necessary that each succeeding conviction be subsequent to previous convictions both in time of commission of the offense and the conviction therefor. The indictment must so allege and the averments of the indictment must be supported by proof. 1 Branch’s Ann.P.C.2d, Sec. 698; Arbuckle v. State, 132 Tex.Cr.R. 41, 105 S.W.2d 219; Armendariz v. State, 163 Tex.Cr.R. 515, 294 S.W.2d 98; Rogers v. State, 168 Tex.Cr.R. 306, 325 S.W.2d 697; Rogers v.…