Supreme Court of Alabama, 1951

Oliver v. State

Oliver v. State
Supreme Court of Alabama · Decided October 18, 1951 · Livingston, Brown, Lawsón, Stakely
256 Ala. 295; 54 So. 2d 618; 1951 Ala. LEXIS 87

Oliver v. State

Opinion of the Court

LIVINGSTON, Chief Justice.

■ The petition for certiorari to the Court of Appeals was filed in this court on the 23 day of July, 1951, and was not .accompanied by brief.

The petition shows that the application for rehearing in the Court of Appeals was stricken by that court on June 29, 1951.

It is obvious, on the face of the petition, that Supreme Court Rule 44, Code 1940, Tit. 7, Appendix, has not- been complied' with. Compliance with Rule 44 is jurisdictional. The petition for certiorari is therefore stricken.

BROWN, LAWSÓN and STAKELY, JJ., concur.

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