PER CURIAM.
The judgment of the circuit court was affirmed by the Court of Appeals without an opinion. There seems to be no question that the clerk of that court did not comply with Supreme Court Rule 16, Code 1940, Tit. 7 Appendix in that neither the defendant nor his attorney were given notice when the record was filed in the Court of Appeals.
We cannot agree with the Court of Appeals in the statement that "It is our view that Rule 16 should be held to apply...
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