Noblitt v. State

ON MOTON FOR REHEARING.

LATTIMORE, Judge.

Appellant urges that a parenthetical clause in the seventh paragraph of the court’s charge, which is set out below, was erroneous and hurtful, and amounted to the submission of a count in the indictment which was abandoned, and that we did not consider this contention. We did consider same but failed to discuss it.

The first count of the indictment charged that appellant swindled the First National Bank of Canyon by giving and drawing a certain check, etc. The second count charged the swindling of C. D. Lester by giving and drawing said check. The…