Fuller v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant urges that his affidavit of inability to pay costs of a statement of facts on appeal, or to secure payment therefor, as provided in Art. 760 C. C. P., was sufficient even though same entirely omitted to state that he was unable “to give security therefor.” It was otherwise held in Kelly v. State, 155 S. W. Rep. 225. We are not inclined to hold that the use of the singular number in Art. 760, supra, wherein the accused is required to make affidavit to such “fact,” should be held to permit the inference that the Legislature intended to make an…