Blackburn v. State

Appellant filed a motion asking that we make an order recalling the mandate which was issued under the judgment of date October 18, 1933, in which the motion for new trial was overruled, and also requesting consideration of a motion for rehearing based on said judgment, it being appellant's contention that the original opinion affirming the judgment did not discuss the merits of the case, and that his present motion should be considered a first motion for rehearing.

Appellant predicates his request for a further review of his case upon the claim that we were not authorized in saying in our…