ON SECOND MOTION FOR REHEARING.
MORRISON, Judge.In our opinion on motion for rehearing, we treated the facts set out therein as allegations. We intended to treat them as facts, and they were so considered. We disclaim any intention to question the correctness of the affidavit of appellant’s attorney.
We remain convinced that this record does not reveal that appellant used all the diligence he could have exercised in order to secure his bills of exception.
Appellant’s second motion for rehearing is overruled.