Teniente v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

In appellant’s motion for new trial he attempts to raise questions which are not preserved by bills of exception, and which are not otherwise presented.

We observe that the motion is sworn to by appellant before one of his attorneys representing him on this appeal, but who did not appear as counsel during the trial. As we understand the holding of this court as well that of the Supreme Court is that motions for new trial sworn to before an attorney in the case furnishes no basis for consideration of the motion, although said attorney is also a…