Bennett v. State

On Motion for Behearing.

Appellant has filed a motion for rehearing, and he earnestly insists that the paper herein filed should be construed to be a recognizance, and not an appeal bond, he alleging that he and his sureties went into open court and offered to enter into a recognizance, and that it was at the suggestion of the trial judge that it was written out and signed. He files some affidavits in support of this contention. The state has filed a reply, supporting its contention also by affidavits. None of the affidavits do we deem necessary to recite other than that of Hon. W. S.…