DocketNumber： No. 13872.
Citation Numbers： 38 S.W.2d 803, 118 Tex. Crim. 157
Judges： HAWKINS, JUDGE. —
Filed Date： 5/6/1931
Status： Precedential
Modified Date： 1/13/2023
Asserting that there can be no prosecution maintained under the indictment described in the original opinion, the appellant, through his counsel, contends that the court was in error in failing to order the discharge of the accused. The contrary view is entertained in view of article 157, C. C. P., which declares in substance that if there is reason for belief that an offense has been committed, the prisoner should not be discharged because the proceeding under which he is held was irregular or void. To the same effect is article 158, C. C. P. See Ex parte Nelson, 84 Tex.Crim. Rep.,
The motion for rehearing is overruled.
Overruled.