Guajardo v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

In his motion for rehearing appellant insists that we misapprehended the complaint in bill of exception number one as shown by .his “assignment of error No. 1.” Said assignment is much more to the point than the bill. This court is controlled by the bill and does not look to assignments of error which are required in civil cases.

The bill reflects that the jury sent word to the trial judge by the officer asking about the form of the verdict. The officer found the judge in his office and not in the court room, and delivered the message. The judge…