Barber v. State

ON MOTION FOR REHEARING

McDonald, judge.

While we remain convinced that our disposition of this cause was proper on original submission, in view of appellant’s scholarly and thorough brief, a further discussion is deemed proper.

Appellant contends that the. judgment in the prior misdemeanor case was not a final judgment, and thus could not provide the basis for the present offense being a felony.

While the action of the Clerk of the County Court in waiting as long as a year before performing the ministerial act of entering the judgment into the minutes of the Court is not to be condoned, we…