Owens v. State

FAULKNER, Justice.

The State’s petition for certiorari seeking our review of the decision of the Court of Criminal Appeals, 51 Ala.App. 50, 282 So.2d 402, is denied, because it clearly fails to comply with Supreme Court Rule 39, which is the only method of review of the Courts of Appeals by certiorari.

As this court has so often pointed out, Rule 39 requires that one of the grounds therein contained be averred before this court can consider the petition.

Writ denied.

MERRILL and HARWOOD, JJ., concur. MADDOX, J., with whom HEFLIN, C. J., joins, concurs specially.