Reese v. State

ON STATE’S motion for rehearing.

KRUEGER, Judge.

At a former day of this term of court we reversed the judgment of conviction and ordered the prosecution dismissed on the ground that a material and essential averment was omitted from the indictment. This appears to have been an error on the part of the clerk on copying the indictment in the record. The State has filed a motion for a rehearing and has brought forward a certified copy of the indictment which appears to be in *594due and proper form. Therefore, we will discuss the appellant’s contention that the evidence is insufficient to sustain his…