Moss v. State

The judgment in this case has heretofore been reversed by this court. On application to the Supreme Court for cer-tiorari by the state, writ was awarded, and a judgment there rendered remanding the cause to this court for further consideration. 4 Div. 15, 96 South. 450. In the opinion announcing the writ and remandment, Gardner, J., speaking for the court, calls this court’s attention- to a question presented by the record on appeal and not considered by us in the rendition of the judgment of reversal. An examination of the record discloses this to be a fact, which on the original…