The opinion
On Rehearing.
In his application for rehearing appellant’s counsel calls our attention to two-factual items not set out in the opinion above. We gladly accord to counsel’s request that such items be mentioned in order that the factual picture of this case be completed. Their omission in the first place resulted from our view that their weight and materiality hardly justified their inclusion.
The first of these items is that the record discloses that petitioner, in March or April, 1947, after his return to Alabama,
wrote his wife urging her to come back to Alabama, and such letters or cards were received and answered by his wife.
The second item, negative in nature, is that the record fails to show that the appearance bond made in Illinois by the petitioner has been forfeited and an alias warrant or capias issued for his re-arrest.
These additional facts in nowise vary our conclusions that the legal principles presently established by odr Supreme Court, and this Court, and by which we are bound, necessitate the conclusions reached by us in our opinion above.
Application denied.