Henson v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant insists in his motion that because he filed an affidavit of inability to pay for a stenographic report of the facts, this would ipso facto entitle him to a reversal of his case where no statement of facts appeared in the record. We can not agree to the soundness of this proposition. We find from the record that he was able to make and did make a three thousand dollar bond for the appeal of this case. While it is true that on the same day on which the court adjourned the trial term, an affidavit was made by appellant setting out his inability…