McGuff v. State

ON REHEARING

CATES, Presiding Judge.

The Circuit Clerk at the direction of the trial judge has sent us an “amended” judgment which shows allocutus to the prisoner after the jury’s verdict. The Attorney General has not, however, moved for a rehearing.

We cannot permit amendments of the record after submission. Huddleston v. State, 37 Ala.App. 57, 64 So.2d 90; Lipscomb v. State, 37 Ala.App. 379, 68 So.2d 862; and Saylor v. State, 42 Ala.App. 666, 177 So.2d 924.

We have carefully considered the briefs of appellant’s counsel on rehearing and consider that Kirby v. Illinois, 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411 and Supreme Court Rule 45 are authority for overruling the application.

Opinion extended; application for rehearing overruled.

All the Judges concur.