Herrera v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— On the 23rd day of December, 1936, the judgment was reversed and the cause remanded upon an apparent showing then made by appellant that he had been deprived of a statement of facts without fault either of himself or his attorney. The State has filed a motion for rehearing in which, among other things, our attention is called to the fact that the supporting affidavits to appellant’s claim that he had been deprived of a statement of facts were taken before appellant’s attorney. It has been the consistent holding of this court that a motion for new trial…