Boebecker v. State

*127ON MOTION FOR REHEARING.

KRUEGER, Judge.

On a former day of this term of court, we affirmed the judgment of the trial court in this case because the transcript was not accompanied by a statement of facts, in the absence of which we could not properly appraise his complaints. Appellant has filed a motion for a rehearing accompanied by a statement of facts which shows that it was filed in the court below within the time prescribed by law, but the clerk failed to forward it to this court.

Appellant insists that the evidence is insufficient to show that he is guilty of an aggravated assault as found…