Whitesides v. State
| Decision Date | 28 January 1903 |
| Parties | WHITESIDES v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Dallas county court; Ed. S. Lauderdale, Judge.
George R. Whitesides appeals from a conviction. Reversed.
C. F. Cohron, for appellant. Robt. A. John, Asst. Atty. Gen., for the State.
Appellant was convicted of unlawfully killing a cow, and fined $25.
When this cause was called for trial, the court quashed the information, and immediately permitted the prosecution to file a new pleading, over appellant's objection. This action of the court was correct. The court then called on appellant to answer to the new information. Appellant asked for two days' time in which to prepare his cause and file written pleadings, which was refused by the court, and exception taken. This exception was well taken. The filing of the new information made a new case, and appellant was entitled, after his arrest, to the two days in which to prepare his cause and file the written pleadings. White's Ann. Code Cr. Proc. art. 567, § 577.
After an examination of the other questions suggested for revision, we are of opinion the court's rulings were correct.
For the error indicated, the judgment is reversed, and the cause remanded.
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Etheridge v. State
...the new information until after his rearrest, unless he waives the right and the time. Turner v. State, 21 Tex. App. 199 ; Whitesides v. State, 44 Tex. Cr. R. 410 ; McFadin v. State, 44 Tex. Cr. R. 471 Again he states this rule: "When information is quashed or set aside on motion of either ......
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