Petition for Rehearing.

Response by

This case affirmed on motion as a delay case. Appellant files what he denominates as a petition for rehearing which is nothing more than an affidavit to the effect that the appeal is prosecuted in good faith. The code requires that the court, upon such motions, shall determine whether the appeal is prosecuted for delay from an inspection of the record and not from the statement of the appellant as to what his intentions are.

Petition overruled.