Castoria v. State

on state’s motion for rehearing.

MORROW, Presiding Judge.

In the motion for rehearing filed by the state, it is claimed that while the judgment, as it appears in the transcript before this court and in the trial court, shows that the accused plead not guilty, that in truth he plead guilty. Supporting this averment, there are attached to the motion the affidavits of the district judge, district attorney, district clerk, and the sheriff, stating that as a matter of fact the accused entered a plea of guilty. It is contended that the incompatibility of the recital of the judgment with that in the…