The opinion
On Rehearing.
At the spring term, 1919, of the circuit court of Tallapoosa county this appellant was indicted for the offense of unlawfully manufacturing spirituous liquor since January 25, 1919. This indictment was filed in open court on March 28, 1919. At the fall term, 1920, of said court (September 27, 1920) he was put upon trial and was convicted as charged, and from this judgment he appealed to this court on October 2, 1920. The record was filed in this court on March 11, 1921, and on April 14, 1921, the cause was passed to the call of the Seventh division June 2, 1921, on which date a submission on briefs was had. On June 14, 1921, the decision of this court affirming the judgment of the lower court was rendered, and on June 27, 1921, an application for rehearing was filed by appellant. Simultaneous with the application for rehearing, the appellant filed a motion to recall the judgment of affirmance, set aside the submission of the cause, and grant a certiorari to complete the record by showing the action of the court below in sustaining demurrers to defendant’s plea of autrefois acquit. The plea and demurrers are set out in the record. It appears to us that, if the ruling of the court upon the demurrers was thus obtained, it could avail the defendant nothing, as the demurrers were well taken, and, if sustained, there was no error in the ruling of the court in so doing. We are unwilling to further prolong this cause by doing a useless thing and the motion is therefore denied.
We adhere to the opinion and decision in this case. We think the defendant was accorded a fair and impartial trial, free from any error. The facts were for the determination of the jury and clearly sufficient to support the verdict.
Application for rehearing must therefore be overruled.
Motion denied, and application overruled.