Bray v. State

Supreme Court of Alabama

Bray v. State

57 So. 2d 555, 257 Ala. 111, 1952 Ala. LEXIS 149

CourtSupreme Court of Alabama

DecidedMarch 13, 1952

Docket7 Div. 160

StatusPublished

Cited by4 cases

This text of 57 So. 2d 555 (Bray v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bray v. State, 57 So. 2d 555, 257 Ala. 111, 1952 Ala. LEXIS 149 (Ala. 1952).

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Opinion

LIVINGSTON, Chief Justice.

Petitioner’s application for rehearing filed in the Court of Appeals was overruled by that court on February 19, 1952. The petition for writ of certiorari was received and filed' by the clerk of this court on March 6, 1952, sixteen days after the ruling on application for rehearing. Rule 44 of the Rules of Practice of this court, Code 1940, Tit. 7, Appendix, provides for the filing of such petitions within fifteen days. Troup v. State, 248 Ala. 143, 26 So.2d 622; Oliver v. State, 256 Ala. 295, 54 So.2d 618. Furthermore, it appears that the petition is not filed on transcript paper as provided by Rule 36 of said rules.

The petition for certiorari will therefore be stricken. Peterson v. State, 248 Ala. 179, 27 So.2d 30; Johns v. Thomas H. Vaughn & Co., 251 Ala. 489, 38 So.2d 21; Oliver v. State, supra.

All the Justices concur, except GOOD-WYN, J., not sitting.

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LIVINGSTON, Chief Justice.

Petitioner’s application for rehearing filed in the Court of Appeals was overruled by that court on February 19, 1952. The petition for writ of certiorari was received and filed' by the clerk of this court on March 6, 1952, sixteen days after the ruling on application for rehearing. Rule 44 of the Rules of Practice of this court, Code 1940, Tit. 7, Appendix, provides for the filing of such petitions within fifteen days. Troup v. State, 248 Ala. 143, 26 So.2d 622; Oliver v. State, 256 Ala. 295, 54 So.2d 618. Furthermore, it appears that the petition is not filed on transcript paper as provided by Rule 36 of said rules.

The petition for certiorari will therefore be stricken. Peterson v. State, 248 Ala. 179, 27 So.2d 30; Johns v. Thomas H. Vaughn & Co., 251 Ala. 489, 38 So.2d 21; Oliver v. State, supra.

All the Justices concur, except GOOD-WYN, J., not sitting.

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Bluebook (online)

57 So. 2d 555, 257 Ala. 111, 1952 Ala. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bray-v-state-ala-1952.

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