Moates v. State

HARWOOD, Presiding Judge.

After an examination of this record on original submission we concluded that it was free of error probably injurious to any substantial right of the appellant, and entered an order of affirmance without an opinion.

No briefs were filed in appellant’s behalf on the original submission. However, on the application for a rehearing briefs have been filed, and several points have been strenuously asserted and argued as constituting reversible error. Out of deference to counsel we have therefore prepared the following opinion on rehearing.

Under an indictment charging…