Thomas v. State

ON BEHEABING.

March 26, 1913.

PRENDERGAST, Judge.

When this ease was affirmed there was no statement of facts on file in this court. Since then the clerk of the lower court has sent up a statement of facts which shows that it was filed in the lower court in ample time and was not sent with the other record, and filed in this cause with the record, by an oversight. This is shown properly by appellant’s motion for rehearing. We now pass on appellant’s motion for rehearing and the questions raised, considering said statement of the facts.

The evidence shows but two theories. First, by the State, a…