State v. Ditzel

ON PETITION FOR REHEARING

(No. 2727;

*243OPINION

The state has filed its petition for rehearing. The grounds relied on are much the same as the points and arguments previously advanced in resistance of the defendant’s appeal. They will not again be considered.

It is also claimed we disregarded a long established rule and substituted our judgment for that of the trial court. This contention indicates a failure to recognize that the reversal in this case was due to error of law rather than disagreement with the court’s determination of facts. We reversed because the lower court erroneously denied…