Shirey v. State
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by W. C. Shirey for certiorari to the Court of Appeals to review and revise the judgment of said court rendered on the appeal of W. C. Shirey v. State of Alabama, 90 South. 72. Counsel discuss the merits as insisted upon by them; but, in view of the opinion, it is not deemed necessary to here set them out.
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Certiorari to Court of Appeals. Petition by W. C. Shirey for certiorari to the Court of Appeals to review and revise the judgment of said court rendered on the appeal of W. C. Shirey v. State of Alabama, 90 South. 72. Counsel discuss the merits as insisted upon by them; but, in view of the opinion, it is not deemed necessary to here set them out. The petition for certiorari should be dismissed, because violative of rules 38 and 42, Supreme Court Practice (198 Ala. xiii, xiv, 77 South, vii).
1Opinion of the CourtMiller, J.
The petition for certiorari in this case to the Court of Appeals was filed April 20, 1921.
The appellant, within 15 days after his case was affirmed by the Court of Appeals, made application for a rehearing. It was accompanied by a brief. It contained no certificate of counsel that a copy of such brief had been delivered to opposing counsel. This was necessary. Rule 38, 198 Ala. xiii, 77 South, vii. The record showed no copy of brief was delivered to opposing counsel within the 15 days. The Attorney General made motion to strike the application for rehearing on that ground. It was granted by…
2Cases cited2 opinions
- In re State ex rel. Attorney GeneralSupreme Court of Alabama · 1914
- Ex Parte LocklearSupreme Court of Alabama · 1920
3Cited by11 opinions
- Martin v. StateCourt of Criminal Appeals of Oklahoma · 1950
- Caraway v. StateAlabama Court of Appeals · 1922
- Cory v. StateAlabama Court of Appeals · 1928
- Sharpley v. StateAlabama Court of Appeals · 1922
- Baker Tow Boat Co. v. LangnerSupreme Court of Alabama · 1928
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