Martinez v. State

ON MOTION FOR REHEARING.

MORRISON, Judge.

Appellant complains that our original disposition hereof deprived him of a consideration of his bills of exception as authorized by Article 759 (a), C. C. P. (Acts 1951, 52nd Legislature, p. 819, ch. 465).

The statement of facts filed by appellant and agreed to by his counsel contains no index to the bills of exception incorporated therein. Recently, in Greenwood v. State, No. 25,637, (page 58, this volume), 246 S. W. (2d) 191, in commenting on the mandatory effect of Section 3 of said Act, we said:

“If appellant desired to rely upon the exceptions…