The Court of Appeals dismissed the state’s application for rehearing because of a failure to comply with Rule 38, Supreme Court Practice. Code 1923, vol. 4, p. 891.

f Whether or not the rule should be applied and enforced in the particular case to which the rule applies was a matter addressed to the irrevisable discretion of the Court of Appeals. Caraway v. State, 207 Ala. 588, 93 So. *27 548; Brewington v. State, 19 Ala. App. 409, 97 So. 763.

Writ denied.