Opinion
In bank. On motion for rehearing. Granted.
For opinion in department, see 60 P. 420.
OPINION
PER CURIAM.
Rehearing granted.
GAROUTTE, J.
I dissent from the order granting a rehearing in this case. It is granted upon the ground that certain exhibits, being specimens of the genuine handwriting of one Guiterrez, were stricken from the record on motion of the prosecution. The defendant was, on trial, charged with writing certain libelous letters, and the authorship of these letters was the material fact in the case. The only evidence in the record bearing upon the handwriting of Guiterrez is found in the testimony of an expert witness. He testified that these exhibits bore no resemblance whatever to the handwriting found in the libelous letters. It is further stated in the record: ‘There was no evidence introduced to connect T. N. Guiterrez with the writing or publication of said letters, or any of them.’ Under the foregoing circumstances, if the court committed any error whatever in striking these exhibits from the record, it was purely technical and unsubstantial. It was an error microscopic in character, a mere speck, and entirely too small to justify an order granting a rehearing in this case.