The opinion
On Rehearing.
Appellant makes motion to strike the application for rehearing in this case, upon the grounds of the failure of appellee to comply with the provisions of Supreme Court Rule 38, in that, appellee did not, within fifteen days, file and serve a brief upon counsel for appellant as said rule requires. Ample proof to sustain the facts upon which the motion is rested, has been furnished this court, and is without dispute.
The motion to strike appears to be well taken, and is granted upon authority of Supreme Court Rule 38; Taylor v. State, 27 Ala.App. 538 , 175 So. 698 ; Williams v. State, 27 Ala.App. 525 , 175 So. 697 .
Opinion amplified and extended.
Application stricken.