Since the affirmance of the judgment herein appellant has filed in this court an affidavit which does not appear to have ever been presented to the court below. We would not be warranted in considering said affidavit, as it is not properly a part of the record in this cause.
The motion for rehearing is overruled.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court. *Page 159