Jarrell v. State

ON MOTION FOR REHEARING.

CALHOUN, Judge.

— On a former day of this term, the judgment in this case was affirmed. Since said affirmance, appellant has filed a motion for rehearing based upon the contention that there is a fatal variance between the information and the complaint upon which the information was based.

The writer was in error in stating in the former opinion, in passing upon another question, that the allegations in the complaint and information were identical.

The record does not show that any point was made in the lower court as to any variance, or that any motion to quash, or…