ON MOTION FOR REHEARING.
MORRISON, Judge.Appellant has filed a forceful motion for rehearing, to which he attaches affidavit of counsel on appeal, seeking to explain the absence of the index of his bills of exception in the statement of facts. We have been tendered controverting affidavits on the question. Though we accept as a fact all of the allegations in appellant’s affidavit, under our decisions, we are precluded from consideration of the index now tendered by letter to this court. We have held that the statute (Section 3 of Article' 759 (a), C. C. P.) placed the duty upon counsel to see that the statement of facts contained such an index before approving the same. The statement of facts before us bears the approval of counsel who represented appellant at the trial, and the same contains no index. We call attention of the bar to the fact that the statute in question does not prohibit counsel himself from preparing the index, in the event the reporter fails to do so, and making the same a part of the statement of facts before approval.
*264We have carefully studied the statement of facts and do not find ourselves in accord with counsel when he concludes that appellant did not receive a fair trial.
Remaining convinced that we properly disposed of this cause originally, appellant’s motion for rehearing is overruled.