Johnson v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

On original submission we declined to consider the statement of facts and some bills of exception which could not be appraised without knowledge of the facts. It is now made to appear by proper affidavit that on account of appellant not being able to pay for the statement of facts his attorney prepared one and submitted it to the attorney representing the state within the ninety days from the date of overruling motion for new trial. On the same day it was so submitted appellant’s attorney was notified by the District Attorney that he could not agree to…