ON STATE’S MOTION FOR REHEARING.
MORROW, Presiding Judge.The rehearing herein is predicated upon the affidavit of an assistant criminal district attorney of Harris county to the effect that the appellant, since perfecting his appeal, has escaped. The affidavit required by article 825, C. C. P., 1925, is not in the record. In the absence of the compliance with the statute, this court would not be warranted in granting the state’s motion.
The motion for rehearing is overruled.
Overruled.