Ex parte Ambrose

ON MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellant, by affidavit of his attorney, seeks to excuse his failure to file a statement of facts in this case, by saying that he filed an affidavit of inability to pay for a transcript of the testimony, and that the court reporter failed to furnish a statement of facts.

*584There is no allegation in the affidavit of appellant’s counsel, nor does it otherwise appear from the record before us, that the affidavit or inability to pay for a transcript of the testimony was presented to the trial judge, or that an order was made by the trial judge directing the…