Breithaupt v. State

TIREY, Justice.

Appellee, The State of Texas, has filed its motion in this Court to issue a mandate in this cause without prepayment of costs assessed against it in the judgment entered by this Court on February 12, 1959, *453reversing and remanding the cause to the trial court. See opinion Tex.Civ.App., 321 S.W.2d 361.

Appellee contends that it is entitled to this relief under the authority of Pope v. State, Tex.Civ.App., 56 S.W.2d 492, n. w. h., and under Rules 442 and 443 Texas Rules of Civil Procedure. We overrule the appellee’s contentions for reasons which we shall hereinafter briefly state.…