Allen v. State

HAWKINS, Presiding Judge.

On February 21, 1945, an opinion was announced in which the judgment was reversed and the cause remanded. Both appellant and the State filed motions, for rehearing. Appellant insists that the case should not be remanded, but that the judgment should be reversed and the prosecution ordered dismissed; the State urges that the judgment should be affirmed. A further study of the record has resulted in a change of view from some of those expressed in our original opinion, and said opinion is withdrawn and this opinion substituted in lieu thereof.

The conviction was for…