*1 530 bought 1937,
Board, April, a he testified that on the 17th of testimony appellant’s pint whisky appellant. of The of from to proof was sufficient The witnesses raised the issue of alibi. Upshur County dry a area. show that was insufficient, brought exception are forward The two bills of verify incorporated the in said bills to in that no evidence is ground objections. A mere statement of a appellant’s truth of judge exception of the objection is not a certificate of in a bill of true; objection are of the facts which form the basis that the objection made. Branch’s Ann. merely an was that such it shows State, 209; 298 569. C., Buchanan v. S. W. P. Sec. judgment is affirmed. The Appeals has foregoing opinion the of of Commission
The Judges Appeals by the of Criminal the of Court examined been by approved the Court. and REHEARING. FOR
ON MOTION Judge Presiding motion for to the . Attached Morrow, denominated rehearing by appellant two documents are filed the Exception” he to have this Court which seeks Bills of “Corrected transcript appearing in the two bills in lieu of the consider which present the matter of to to insufficient held be which were trial court. not filed in the were complaint These bills is made. by this Court. Hence, they considered can not be rehearing is overruled. for The motion Clyde v. The State. James 6, April 1938. No. 19649. Delivered May 18, Rehearing 1938. denied 531 opinion The states the case. Dallas, appellant. Wade, for
Eddie Roark R. L. of and both *2 Austin, Lloyd Attorney, for Davidson, of the State. W. State’s Judge burglary; pen- Presiding is . The offense Morrow, period alty penitentiary for a of at in the assessed confinement years. four regular. appears is this
The The record before indictment exception. Appel- a statement facts or bills of Court without of charged guilty and waived plea to the offense lant entered a of jury upon a the trial. reversal, having perceived justifying a the error been
No judgment of the trial court is affirmed. FOR REHEARING.
ON MOTION Judge opinion prop- . It is our that this cause was Graves, original erly disposed opinion. for of in our We see no reason changing our views herein.
The motion will be overruled. alias Pat Jones, Kado, The
Andrew J. v. State. 30, No. 19466. Delivered March 1938. Rehearing May 18, 1938. denied