HALL v. STATE

Charlie C. McCall, Atty. Gen., Merwin T. Koonce, Asst. Atty. Gen., and Ben. G. Perry, Deputy Sol., and Arthur Green, Asst. Deputy Sol., both of Bessemer, for petitioner. Rule 38 (198 Ala. xiii, 83 So. vi), providing that appellee cannot apply for a rehearing unless brief was filed upon original hearing within fifteen days after submission of the cause, applies in criminal as well as civil cases, but need not be applied in any case in which the ends of justice may appear to require further consideration. Caraway v. State, 207 Ala. 588, 93 So. 548. Robert B. Harwood, of Tuscaloosa, and Ross, Bumgardner, Ross Ross, of Bessemer, opposed. Brief did not reach the Reporter.