Rice v. State

ON STATE’S motion for rehearing.

Hawkins, Judge.

The district attorney has filed an unverified motion for rehearing on behalf of the State. The motion contains many averments relating to the statement of facts which can not be considered further than as they may be supported by the affidavit of the court reporter attached to the motion and made a part thereof.

Both in our original opinion of affirmance and in the opinion on motion for rehearing reversing and remanding the judgment of the lower court, reference was made to the findings of the trial judge regarding the statement of facts, which…