Spalding v. State

ON APPELLANT’S MOTION FOR REHEARING.

KRUEGER, Judge.

Appellant, in his motion for a rehearing, reurges the same grounds for a reversal of this cause as he did on original submission. There is no statement of facts or bills of exceptions in the record. Appellant, however, seeks to make a record by ex parte affidavits.

If this court, without authority of law, should permit a record to be made by affidavits, we would find ourselves in an endless state of confusion. Our Code of Criminal Procedure prescribes rules governing the preparation of appeals to this Court and these rules are to be observed…