Tankersley v. State

ON MOTION FOR REHEARING.

March 20, 1907.

HENDERSON, Judge.

This case was affirmed at a previous day of this term. In the orginal opinion we discussed the motion to strike out the statement of facts on the ground that same was not filed in time, and no sufficient diligence was shown, on the part of appellant, to have the same filed. In that opinion we based the holding of the court on the proposition that where the parties representing the State and the defendant failed to agree on a statement of facts, and left the same with the judge, in the absence of an agreement on his part to prepare and…