Kinney v. State

ON REHEARING.

February 28, 1912.

HARPER, Judge.

This case was affirmed on a former day of this term, and appellant has filed a motion for rehearing presenting but two grounds, ably arguing them both. In the second ground he presents a question not raised by the motion for new trial filed in the lower court and to which no assignment was made in any bill of exceptions. In fact, it was not presented in the brief of counsel filed in this court on the original hearing, but is urged for the first time in his motion for rehearing filed herein. This is too late to point out errors in the charge of the…