dissenting.
The Court overrules the appellant’s motion for rehearing without rendering an opinion.
After inspecting the record, I believe that the panel did not correctly apply Dinnery v. State, 592 S.W.2d 343 (Tex.Cr.App.1980), where we held, “The ... testimony by the appellant that he had read the indictment and that it was ‘true and correct’ was tantamount to a statement that all the allegations of the indictment were true and correct and was a judicial confession that he was a guilty participant in the offense charged.” Id. at 352. In this case there *529was no such testimony that the indictment was “true and correct.” The appellant’s testimony was very much like that which was held to be insufficient in Drain v. State, 465 S.W.2d 939 (Tex.Cr.App.1971). See Dinnery v. State, supra, at 353, n. 6.
I would grant the appellant’s motion for rehearing and reverse.