Ex Parte Caldwell

ON STATE’S MOTION FOR REHEARING

WOODLEY, Presiding Judge.

The State moves for rehearing in this cause and in cause No. 36,882, Caldwell v. State of Texas, Tex.Cr.App., 383 S.W.2d 590, in which the appeal was dismissed for want of jurisdiction.

We treat the State’s motion as a motion to re-instate the appeal in cause No. 36,882 .and for rehearing in this cause.

The State is not in disagreement with the long established precedent that no death penalty will be affirmed without a statement of facts which this Court may review in passing upon the sufficiency of the evidence.

We do not understand that…