¶1on state’s motion for rehearing.
¶2The State has filed an able brief wherein strong issue is taken with the conclusions of law and of fact reached in our original opinion.
¶3Irrespective of all such contentions, one salient fact stands out without contradiction. Appellant had employed an attorney to represent him; the court was informed that such attorney could not be present on the day set by the court because of a trial in another county; and no attorney was appointed by the court to take his place. It is shown that there was a licensed attorney, Mr. Cornelius, in the courtroom sitting at counsel table, but the court did not order him to represent appellant; and he did not do so;
¶4*569If the court felt that appellant’s counsel was derelict in the representation of his client, then he acted properly in refusing to postpone the case, but he should have made the services of another attorney available to the accused.
¶5Remaining convinced that we properly disposed of this case originally, the state’s motion for rehearing is overruled.