Kinney v. State

ON REHEARING.

HERDERS OE", Judge.

This case was affirmed at a previous day of this term (Kinney v. State, 78 S. W. Rep., 225), and now comes before us on motion for rehearing. In the disposition of the case, we held tha the indictment was good as charging prior offenses under article 1014, Penal Code, for the purpose of enhancing the punishment in the case then being tried. We also held that inasmuch as the punishment assessed did not exceed the amount of punishment authorized in the case on trial regardless of the increased punishment authorized where convictions "had previously occurred for…