Milton v. State

On Petition for Rehearing

Per Curiam. —

In a petition for rehearing it is urged that the affidavit referred to in the opinion should have been considered by the Court. The affidavit is on a sheet of paper not filed in the trial court nor authenticated by the trial judge, and it is in no way made a part of the transcript of the record proper or of the bill of exceptions, which latter was authenticated by the trial judge. Stipulation of counsel that the affidavit may be made a part of the transcript cannot legally make it so, at least unless it is authenticated by the trial judge. As the…