The opinion
ON REHEARING
Specifically we distinguish the instant case from Sheppard v. Maxwell, 384 U.S. 333 , 86 S.Ct. 1507 , 16 L.Ed.2d 600 .
As to the lunacy report’s being inadmissible, we are not aware that the rule ascribed to Benton v. State, 245 Ala. 625 , 18 So.2d 428 , would necessarily have made the lunacy commission’s report inadmissible under all conditions. See Ward v. State, 44 Ala.App. 229 , 206 So.2d 897 ; and Stinson v. State, 45 Ala.App. 5 , 221 So.2d 397 .
The other points briefed on application for a rehearing we consider to have been sufficiently covered in the original opinion.
Application overruled.