The opinion
O’NIELL, O. J., and OVERTON, J.,
dissent on the ground that Act No. 6 of 1904 declares that it is only when the taking of evidence on the trial of a case (or the impaneling of the jury in a jury case) has been begun, and is not concluded, at the time when a legal holiday or half holiday intervenes, that it shall be lawful for the presiding judge to order the trial to be proceeded with on the holiday or half holiday; and it is conceded that the taking of evidence in this case was not begun before the half holiday intervened.