It is important to observe that the provisions of Section 391 of the Code extending the period during which the execution of a sentence of whipping may not be carried out in the case of an appeal being preferred, do not apply to a report under Section 438 of the Code, so that when a re-commendation is made that a sentence of whipping be reversed, the execution of such sentence should always be suspended by express order under the provisions of the latter section.
