¶1ON REHEARING
¶2It is appellant’s position that certain details were omitted from the above opinion and should be included for a better understanding of the factual situation. Although it was our view that the weight and materiality of such items hardly justified their inclusion, in deference to appellant’s request, we add the following:
En route from Crestview to Gadsden, Captain Davis had a tape recorder in the front seat of the car with a thirty minute tape on it. The recorder had been used by him in investigative work for six or seven months. On this particular occasion, however, he was unsuccessful in activating the machine and nothing was recorded. No one was present when he checked the recorder, and Davis stated no tape existed.
Appellant testified that an alleged statement by another suspect incriminating appellant was continually waved in his face throughout the return trip. Further, when appellant signed the diagram, he had no idea whether or not the notation “Dec. 3, 1973 — 3:30 A.M.” was on it.
The Waiver of Counsel form was dated November 26, 1973, rather than December 2, 1973, when appellant was taken into custody. Captain Davis admitted this was a mistake. He informed the court the Waiver was actually signed on December 2, 1973, although he erroneously entered the date of the offense.
¶3We adhere to our original decision. The foregoing testimony was thoroughly considered in our initial determination.
Opinion extended: application overruled.