Davis v. State

ON appellant’s motion for rehearing.

Christian, Judge.

Appellant attaches to his motion for rehearing the affidavit of one of his attorneys in which it is stated that he secured an extension order of fifty days within which to file bills of exceptions and that thereafter, in due time, he was granted a further extension of ten days. It appears from the affidavit that the first order was never entered of record. Be that as it may, it is observed that the affidavit was made before one of appellant’s attorneys. Under the circumstances, the affidavit cannot be considered. In Herrera v. State, 101 S.…