Opinion
SC 1332.
July 10, 1975.
Petition for Writ of Certiorari to the Court of Civil Appeals, 55 Ala. App. 316, 200 So.2d 210.
W. C. McCain, Tuscaloosa, for petitioner.
George W. Nichols, Jr., Tuscaloosa, for respondent.
Writ denied.
HEFLIN, C. J., and MERRILL, BLOODWORTH, FAULKNER, JONES, ALMON and SHORES, JJ., concur.
MADDOX, J., concurs specially.
I concur in denying the writ solely because our review on certiorari, is limited, generally, to questions of law. By agreeing to deny certiorari, however, I do not wish to be understood as agreeing that the Court of Civil Appeals made correct findings of fact, or that the Court, by dicta in its opinion, correctly stated what is, or should be, the Alabama law in custody fights, when the evidence shows that the party having custody of a child of tender years is living openly in a state of sexual immorality.