McGee v. State

DISSENTING OPINION ON MOTION FOR REHEARING.

HAWKINS, Judge.

— I regret to be out of agreement with my brethren on any question and especially one arising from a difference of opinion as to variance between allegations in an indictment and the proof — a question which could be avoided by the exercise of caution on the part of the pleader in placing in the indictment plural counts to meet the various phases of the evidence.

Article 405 C. C. P. reads:

“An indictment shall be deemed sufficient which charges the commission of the offense in ordinary and concise language in such a manner as to enable…