Andrus v. State

ON APPELLANT’S MOTION FOR REHEARING.

HAWKINS, Judge.

In his motion appellant does not question the correctness of our opinion on the state’s motion for rehearing, but only urges that such motion was not filed in time, and that this court lost jurisdiction when the mandate was issued from this court and was filed in the lower court, hence was without authority to act on the- state’s motion. If the trial court had entered judgment in the case after the mandate reached there, and before its recall, the question would be serious. If we can consider the affidavit attached to appellant’s motion for…