After affirmance by the Court of Appeals of the judgment of the circuit court, on the authority of Ex parte State ex rel. v. Richardson (Ala. App.) 111 So. 202, 1 and In re Richardson v. State (Ala. Sup.) 111 So. 204, 2 the appellant, without making application for rehearing in the Court of Appeals, filed the petition for certiorari. This was not a compliance with the rule in such cases, and the motion of the state to dismiss the' petition will be granted. Supreme Court rule 44, Code of 1923, p. 894.

Dismissed.