Ballinger v. State

The State has filed a motion for rehearing in connection with which it tenders a statement of facts on the main trial and also a statement of the facts heard on the motion for new trial, which we are now asked to consider. Neither of these documents is signed by appellant nor his attorney but by affidavit attached to the main statement of facts it is expressly shown that he declined to sign the same. The learned trial judge under date of June 15th certified that the parties having failed to agree to the statement of facts he adopts the one bearing his approval as a correct statement of facts…