McDearmon v. State

ON APPELLANT’S MOTION FOR REHEARING

McDONALD, Judge.

Appellant strenuously urges in his motion for rehearing that this court, in its opinion, has taken upon itself to invalidate a statement of facts which clearly sets out the evidence as it was tendered.

Appellant takes the position and contends that the notation made by the court reporter, being a portion that he (appellant) deleted, is no part of the statement of facts and that lines 14 and 15 on page 66 had no bearing upon the evidence that the same was offered; that such is surplusage and injected into the statement of facts by the official…