Pruitt v. State

LATTIMORE, Judge.

This case presents a singular situation. On November 9, 1927, we affirmed this case, saying that no statement of facts appeared in the record. No motion for rehearing was then filed. The mandate was issued and appellant conveyed to the penitentiary. When the opinion in this case came out in the advance sheets of the S. W. Reporter it was discovered by the attorney representing appellant that the affirmance was based on the absence of a statement of facts. Knowing that such statement of facts had been filed, he took the matter up with the authorities of the county where the…