Morton v. State

This is appellant's second appeal. See Morton and Ashcraft v. State, 207 Ark. 704, 182 S.W.2d 675. After the remand appellant received a separate trial. He was convicted of burglary and grand larceny, and his motion for new trial on this appeal presents the questions herein discussed.

I. Issuance of the Mandate. On October 9, 1944, this court reversed the former conviction and remanded the cause for a new trial. A few days thereafter it was made to appear to this court that an agreement had been made for an immediate mandate to issue. The mandate was issued, and was filed in the circuit court…