ON APPELLANT’S MOTION FOR REHEARING
MORRISON, Judge.Since the rendition of our original opinion herein on February 5, 1964, appellant has tendered a statement of facts approved by the Trial Judge on February 10, 1964.
Under the holdings of this Court in Hill v. State, No. 36,222, not yet reported; Selvidge v. State, 171 Tex.Cr.R. 140, 345 S.W.2d 523; and Cunningham v. State, 172 Tex.Cr.R. 3, 353 S.W.2d 37, our consideration of the same is precluded.
Appellant’s motion for rehearing is overruled.
WOODLEY, P. J., dissents.