Wade v. State

ON REHEARING

After deciding a case before the end of our regular term may we thereafter reopen it unless it is on the rehearing docket at the end of term?

On September 21, 1973 this cause was purportedly placed on the rehearing docket ex mero motu.

This practise is restricted as follows:

“A cause may be placed on rehearing, during the term in which decision was rendered, by a justice of the Supreme Court. Alabama Co. v. Brown, 207 Ala. 18, 25, 92 So. 490; Myers v. Moorer, 273 Ala. 18, 134 So.2d 168. It would appear that such justice should be one who was of the majority on original deliverance.…