Hopson v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant asks that his statement of facts and bills of exception be considered on the ground that when his motion for new trial was overruled on the 15th day of November, 1928, he reserved the right to file an amended motion which he did and which he says was acted on by the court on the 22d day of December, 1928, the day court adjourned. He insists that the ninety-day order for statement of facts and bills of exception should date from December 22d and not from November 15th. The amended motion for new trial and the state’s controverting answer, were…