Ray v. State

On Rehearing.

It is insisted by appellant, in his application for rehearing, that Circuit and Inferior Courts Rule 35, applies exclusively to civil actions and has no bearing upon criminal procedure. In this connection appellant cites no authority. Mere reference to any of the following decisions will disclose that this insistence is erroneous and untenable, and that rule 35, supra, applies to state cases as well as to civil: Ex parte Knight, 61 Ala. 482 ; Hubbard v. State, 72 Ala. 164; Johnson v. State, 100 Ala. 55, 14 So. 627; Dentler v. State, 112 Ala. 71, 20 So. 592; McPherson v. State,…