Wilson v. State

On Rehearing.

The application for rehearing in this case is stricken. It was not filed within the fifteen days as the rule requires. The unqualified requirement of Rule 38 is that applications for rehearing must be filed with the clerk within fifteen days after rendition of the judgment. The mere mailing or posting of an application is not a compliance with the rule. It must be filed with the clerk within the period stipulated. As stated in the case of In re State, ex rel. Attorney General, 185 Ala. 347, 64 So. 310, 311: “The mail must and could only be the agent or agency of the party…