On Motion for Rehearing.
We have carefully considered the appellant’s motion for rehearing in this cause, and have concluded to overrule the same. In doing so, we take occasion to insert in the original opinion the words “or bills of exception” inadvertently omitted from a sentence. The sentence reading “When a record comes before this court without a statement of facts in any duly authenticated form” etc., will be changed to read as follows: “When a record comes before this court without a statement of facts or bills of exception in any duly authenticated form, we cannot sustain any assignment of error complaining of any fact finding made by the jury or any ruling of the court made on admission or exclusion of testimony.”
What is said in this connection in the original opinion relates especially to the testimony, if any, adduced upon the issues arising out of the trial of the plea of privilege. Other points preserved on that trial and perpetuated in proper bills of exception with assignments predicated thereon have been duly considered and overruled as stated in said opinion.
The motion for rehearing is overruled.