Lenzen v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

— For the first, time appellant seeks in this court to raise the question that the indictment herein, charging a misdemeanor, was not transferred by proper order from the district court in which, under our practice, same was of necessity returned, — to the county court where the case was tried. We think the place to raise such question was in the trial court, and the time for raising same was before announcement for trial ujxm the merits. Thompson v. State, 2 Texas Crim. App. 82; Friedlander v. State, 7 Texas Crim. App. 204; Bonner v. State, 38 Texas…