Kain v. State

Opinion on Rehearing

Emmert, J.

The appellee’s petition for rehearing alleges that our first opinion is in error in copying the amended affidavit. In deciding an appeal we are entitled to set out the pleadings as they appear in the briefs, but we are not bound to do so, and in this case the amended affidavit as set out in the original opinion is an exact copy of the amended affidavit as it appears in the transcript at its proper place as duly certified by the clerk of the trial court.

“It is a settled rule of appellate procedure in this state that on appeal the record is conclusive and imports…