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Adkins v. State

109 So. 2d 749, 268 Ala. 548, 1959 Ala. LEXIS 394
Supreme Court of Alabama·Decided February 19, 1959·No. 1 Div. 807·Published·Cited by 8 cases

Opinion

SIMPSON, Justice.

The Attorney General who represents the State in this appellate proceeding has moved to dismiss the petition because said petition and the briefs supporting it were not served on him, as is required in such cases.

The motion is well taken. The Attorney General is the counsel who represents the State in such a case. It has been the consistent holding of this Court that without service of the petition and briefs on the Attorney General within the time required, this Court is without jurisdiction to proceed and a dismissal of the petition must be ordered. Golden v. State, 267 Ala. 456, 103 So.2d 62; Gambrell v. Bridges, 266 Ala. 302, 96 So.2d 182; Bruner v. State, 265 Ala. 357, 91 So.2d 224.

Petition for certiorari dismissed.

STAKELY, GOODWYN, MERRILL and COLEMAN, JJ., concur.

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Adkins v. State, 109 So. 2d 749, 268 Ala. 548, 1959 Ala. LEXIS 394 (Ala. 1959).

109 So. 2d 749 (Adkins v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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