State v. Davis

ON APPLICATION FOR A REHEARING

PER CURIAM.

In the opinion herein, we noted several errors, which taken together, required that the conviction be set aside. In its application for rehearing, the state has strongly urged that the decision is erroneous.

The principal basis for the decision was the denial by the trial court of the Motion for a Bill of Particulars on the ground that the motion was filed too late. We base our denial of a rehearing on this erroneous ruling of the trial court.

The application for a rehearing is denied.

HAMITER, J., concurs in the result. > HAWTHORNE, J., dissents from the refusal to grant a rehearing.