Jenkins v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The question on original submission being whether the trial court should have required the state to elect as between transactions we went to the statement of facts. Confusion regarding the facts probably led us into error. On motion for rehearing our attention is directed to the bill of exception bringing the question of election forward for review. The specific certification by the trial judge that there were separate transactions was not fully appreciated on original hearing. The recitals in the bill — certified as facts by the trial judge who…