Legal Opinion

Rudolph v. State

Court of Criminal Appeals of Alabama

Decided October 26, 1976No. 3 Div. 355PublishedCited by 1 opinion

1Opinion of the Court

CATES, Presiding Judge.

Heretofore in the 1974-75 Term of this Court, without opinion, affirmed under Code 1940, T. 13, § 66, after review via T. 15, § 389, a conviction of Rudolph for the beastly crime against nature upon a fellow penal inmate — Code 1940, T. 14, § 106. No rehearing was sought. Nor did the State ask to set submission aside.

Thus, on the expiry of that term as extended on midnight October 4-5, 1975, our power over the appeal lapsed completely.

Code 1940, T. 13, § 20. Compare also decisions under T. 13, § 119.

On October 15, 1976, counsel for Rudolph filed a detailed no-merit…

2Cases cited4 opinions

  1. Richard Malone v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1975
  2. Ex Parte MitchellCourt of Criminal Appeals of Alabama · 1974
  3. Hines v. StateCourt of Criminal Appeals of Alabama · 1972
  4. Wade v. StateCourt of Criminal Appeals of Alabama · 1973

3Cited by1 opinion

  1. Kilgore v. StateCourt of Criminal Appeals of Alabama · 1977

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