Mayo v. State

DAVIDSON, Judge.

On October 30, 1957, we ordered a reversal of this case.

The state and the appellant have each filed a motion for rehearing :

The state contends that the judgment should have been affirmed.

The appellant agrees that the judgment was properly reversed, but insists that we should have gone further and ordered the prosecution dismissed.

Upon further consideration, we have decided that the state’s motion for rehearing should be granted and that of the appellant overruled.

Therefore, the opinion heretofore rendered is withdrawn, the reversal is set aside, and the judgment of the trial…