English v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

At a former day of the term the judgment was reformed and affirmed. No statement of facts was in the record at that time and the bills of exception could not be appraised in its absence. On motion for rehearing it is shown that a statement of facts was filed in the court below in ample time, but by oversight the clerk omitted it when sending the record to this court. The statement of facts has now been sent up and is in the record. No blame attaches to appellant or his attorneys for its absence at the time the case was originally considered. It is…