Carter v. State

ON MOTION FOR REHEARING

MORRISON, Judge.

The State challenges our consideration of the bystanders bill of exception on the grounds that one of the affiants thereto was not an uninterested looker-on.

We are not authorized to compare the signature on an appearance bond appearing in a supplemental transcript filed by the State since the rendition of our original opinion and to conclude that it was executed by the same person who signed appellant’s bystanders bill of exception as a compurgator.

State’s motion for rehearing is overruled.