Smith v. State

On motion for rehearing.

Gardner, J.

A request is made that this court should send

down to the trial court and request that, if a brief of evidence was filed there in this ease, it be sent here for our consideration. If it had appeared either from the record or the bill of exceptions that such a brief had been filed in the trial court, this court, on its own motion, would have directed that it be sent up as a part of the record necessary for a determination of the points involved. In the case of Thompson v. Simmons, 139 Ga. 845 (78 S. E. 419), cited by counsel, it appears from an examination of…