Thompson v. State ex rel. Borders

On Rehearing.

Both parties have filed applications for rehearing. The state has filed a motion to strike appellant’s application because it was not filed within the 15 days prescribed by Rule 34 of the Revised Rules of the Supreme Court, 261 Ala. xxxii, Code 1940, Tit. 7 Appendix. The state’s application for rehearing challenges the holding that service of the citation of appeal on the deputy solicitor was sufficient.

We have no alternative but to grant the state’s motion to strike. The judgment was rendered on November 6, 1958, while the appellant’s application for rehearing and brief in…