The opinion
BROWN, J.
The Court of Appeals dismissed the state’s application for rehearing because of a failure to comply with Rule 38, Supreme Court Practice. Code 1923, vol. 4, p. 891.
f Whether or not the rule should be applied and enforced in the particular case to which the rule applies was a matter addressed to the irrevisable discretion of the Court of Appeals. Caraway v. State, 207 Ala. 588 , 93 So.
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548; Brewington v. State, 19 Ala. App. 409 , 97 So. 763 .
Writ denied.
ANDERSON, C. J., and SAYRE and THOMAS, JJ., concur.