On Appellant’s Motion for Rehearing
MORRISON, Judge.Since the rendition of our original opinion herein on December 11, 1963, appellant has tendered a statement of facts approved by the Trial Judge on January 28, 1964.
*308Under the holdings of this Court in Selvidge v. State, 171 Tex.Cr. 140, 345 S.W.2d 523, and Cunningham v. State, 172 Tex.Cr. 3, 353 S.W.2d 37, our consideration of the same is precluded.
Appellant’s motion for rehearing is overruled.