Rosenbaum v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

This cause has been heretofore affirmed, there having been an absence of a statement of facts and bills of exception. In this motion, however, our attention is called to the fact that the complaint and information charge Harry Rosenbaum with unlawfully carrying a pistol, and the judgment and sentence refer to the defendant as Harry Rosenbauer. It is to be noted however, that upon the reading of the State’s pleadings herein appellant pleaded not guilty and made no suggestion of a misnomer; that a jury was waived and the matter presented to the court; that…