Childress v. State

ON REHEARING.

May 31, 1922.

HAWKINS, Judge.

— An opinion affirming the judgment was delivered May 3d. The bills of exception were not considered because the record failed to show that any of them had ever been filed in the court below. It is now made to appear that the bills of exception in fact bear the file mark of the clerk, and that the same were filed in ample time to receive our consideration, but by inadvertence the transcript failed to show their filing. In connection with the motion for rehearing the bills will now receive our attention.

Appellant was convicted under the second count in…