Lucas v. State

DAVIDSON, Presiding Judge.

This conviction was for manslaughter. Bill of exceptions shows that by agreement between the district attorney and appellant’s counsel, the lost indictment should be substituted, and waiver of service and notice on defendant. The jury for the week had been empaneled, and selection of a jury in this case had begun. At this time appellant’s counsel objected to the copy of the indictment filed by the district attorney, on the ground that it was not a true copy, and asked two days time in which to plead to the substituted indictment. Whereupon the court offered counsel…