Ex Parte Walton

on rehearing.

BROOKS, Judge.

The judgment herein was affirmed at a former

day, and appellant has filed a motion for rehearing. The Assistant Attorney-General moves the court to dismiss the motion for rehearing because appellant has been released from jail since the affirmance of this judgment, and has executed a bond to the sheriff in the sum of $300. Attached to the State’s motion is the affidavit of W. W. Willeford, sheriff of Upshur County, that appellant is not in custody, and a certified copy of the bond executed by appellant, Jerry Walton. Appellant having been released from custody ousts…