Elkins v. Board of County Commissioners

The opinion of the court was delivered by

Mason, J.:

In a petition for a rehearing it is suggested that the evidence (some of which is not abstracted) shows that Elkins was appointed á deputy sheriff at his own request, to assist in discovering and arresting the murderer. This can not be the case, as the appointment was made October 9, 1909, and the murder was not committed until October 19, 1909.

It is also suggested that the opinion states as facts certain matters concerning which there was a conflict in the evidence. The statement made was that there was evidence tending to establish these…