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Moore v. State

Supreme Court of Alabama
Dec 20, 1962
274 Ala. 276 (Ala. 1962)

Opinion

3 Div. 52.

December 20, 1962.

Appeal from the Circuit Court, Montgomery County, Eugene W. Carter, J.

Perry W. Moore, pro se.

MacDonald Gallion, Atty. Gen., opposed.


Supreme Court Rule 39, Title 7, Code of Alabama 1940 provides that this court will not receive an application for a writ of certiorari for the purpose of reviewing a decision of the Court of Appeals, unless it appears upon the face of the application that application for a rehearing was made in the Court of Appeals and decided adversely to the movant.

The record shows that no application for a rehearing was made in the Court of Appeals. Such defect is jurisdictional. Oliver v. State, 256 Ala. 295, 54 So.2d 618.

The petition for certiorari must be stricken.

Petition stricken.

LIVINGSTON, C. J., and SIMPSON and MERRILL, JJ., concur.


Summaries of

Moore v. State

Supreme Court of Alabama
Dec 20, 1962
274 Ala. 276 (Ala. 1962)
Case details for

Moore v. State

Case Details

Full title:Perry W. MOORE, alias v. STATE

Court:Supreme Court of Alabama

Date published: Dec 20, 1962

Citations

274 Ala. 276 (Ala. 1962)
147 So. 2d 835

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