Johns, Shipman and Heydrick v. State

ON MOTION FOR REHEARING.

CHRISTIAN, Judge.

It is now made to appear that it was through inadvertence that a waiver of the filing of briefs in the trial court was not made a part of the record when this cause was originally considered. A waiver on the part of the state now appears of record. It follows that it is proper that the judgment of dismissal should be set aside and the case considered upon the merits, and it is accordingly so ordered.

Appellants timely and properly questioned the sufficiency of the scire facias writ on the ground that it did not show the date of the appearance bond.…