Depew v. State

on motion for rehearing.

MORROW, Presiding Judge.

The motion for rehearing is based upon the claim that the indictment is insufficient in that the mortgage relied upon is not set out therein. A copy of the mortgage is not embraced but a comprehensive description thereof is set forth in the indictment showing the date, the names of the parties, the amount of the indebtedness and the property mortgaged. The cases cited by the appellant do not require more. In the case of McElroy v. State, 150 S. W. 797, it is said:

“It is the better practice to set out the mortgage, or state the substance of it,…