Dupree v. State

ON REHEARIHG.

June 23, 1909.

RAMSEY, Judge.

In this case counsel for appellant have filed a very able, thoughtful and well considered motion for rehearing in which the correctness of the opinion of the court is questioned and its conclusion attacked with great vigor.

It is with entire candor admitted in the motion that the conclusion of the court in holding that an appeal from a judgment, during the pendency of such appeal, deprives same of the necessary character of finality before it can be pleaded in bar of another prosecution. This, it is conceded, is the rule of our Supreme Court, and is…