Pospishel v. State

ON REHEARING.

November 7,1923.

HAWKINS, Judge.

— No motion was presented in the court below either to quash or in arrest of judgment questioning the sufficiency of the indictment, and for the first time its validity is challenged upon motion for rehearing. It seems to be well settled that if the indictment upon its face charges no offense it may be raised for the first time in this court, because the defect is one of substance. White v. State, 1 Texas Crim. App., 211; Holden v. State, 1 Texas Crim. App. 225; Cox et al. v. State, 8 Texas Crim. App., 254; Woolsey v. State, 14 Texas Crim. App., 57;…