Peasley v. State

ON MOTION FOR REHEARING.

BERRY, Judge.

Appellant in his motion for rehearing claims that we erred in the second paragraph of the opinion in accepting the court’s qualification of the bill there discussed because appellant claims that the qualification of the trial court is not supported by the facts. Appellant concedes that the trial court qualified the bill as stated by us but submits the proposition that “statements in the qualification to a bill of exceptions by the trial judge will not be considered where same are not borne out by the record.” “We are not required to consult the Statement…