Allen v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

In his motion for rehearing appellant again challenges the sufficiency of the information and complaint, and insists that the majority opinion is erroneous in holding to the contrary. The present writer assumes his full measure of responsibility for the original opinion, but appellant’s motion has brought about a further consideration of the question with the result that he now believes the majority opinion was erroneous.

The averments in the information are set out in full in the original opinion, and it is not necessary to here repeat them.…