Wheat v. State

ON REHEARING.

October 13, 1915.

PRENDERGAST, Presiding Judge.

In the original consideration of this case it was with considerable hesitancy we concluded to consider and did at all consider the statement of facts filed herein.

Appellant, in his motion for rehearing, earnestly attacks the statement of facts as incorrect which was at such a late date prepared by the judge and at his direction some time after the case had been appealed and the transcript on file here, had a certified copy thereof sent up.

The case was tried March 10, 1915. It was properly appealed here and the transcript therein filed…