Smith v. State

BRICKEN, Presiding Judge.

The opinion heretofore rendered in this case by this court is hereby withdrawn, and held for naught. Said opinion dealt only with one of the several points of decision presented by the record and insistences on this appeal. Our conclusion as to said point of decision was not accorded to by the Supreme Court, on certiorari, and the writ prayed for was granted 11 So.2d 47; 1 the Supreme Court rendered an opinion to this effect and under the existing Statute, Code 1940, Title 13, Section 95, we are to be governed by said decision. The cause was remanded to this court for…