State v. Lawrence

Upon petition for rehearing. The former opinion appears in 46 S. D. 599, 195 N. W. 441. It urged by the *63state that we have definitely overruled State v. Casey, 44 S. D. 311, 183 N. W. 971, 15 A. L. R. 1521, because of the following sentence:

“The • situation at the time the sureties asked to he released from the bond must be viewed from the same standpoint as if Lawrence had not then [and there] been under arrest on the second charge, and as if the sureties had then and there brought Lawrence and surrendered him to the sheriff.”

It was not the intention to overrule State v. Casey. The quoted…