Smith v. State

On Rehearing.

BRETT, Judge.

The plaintiff in error filed his appeal in this Court on April 28, 1960. Briefs were filed by both the plaintiff in error and the State, and the case was assigned for and orally argued on November 16, 1960. Thereafter an opinion was rendered by the Court on January 4, 1961 dismissing the appeal, and the plaintiff in error duly filed a petition for rehearing, and application for oral argument thereon, which was granted. The case was argued on the petition for rehearing on March 8, 1961.

The plaintiff in error raises the point that where the record shows an informal…