Rogers v. State

The application for rehearing was stricken by the Court of Appeals upon the theory, as we understand it, no brief had been filed by the State on original submission of the cause, and, ordinarily under Supreme Court Rules 38 and 44, as here interpreted (Birmingham Gas Co. v. Sanders, 230 Ala. 649, 162 So. 532; Richardson v. State,(215 Ala. 581, 112 So. 193), the ruling, under these circumstances, would not be here reviewed. But the view we here entertain renders that rule inapplicable to the result reached. This for the reason that the companion case of Wiley Bailey v. State, Ala.Sup., 193 So.…