BUTLER AND KENNAMER WHOLESALE COMPANY v. State

It is, perhaps, self-evident that I concur in the majority opinion, since I was one of the dissenters in State of Alabama v. Killian Wholesale Grocery Co., 289 Ala. 691, 271 So.2d 499 (1972), overruled by the present decision.

I think I ought to add, however, that I was opposed to granting the petition for writ of certiorari in the present case because it did not comply with Rule 39, Rules of the Supreme Court, in my judgment as no grounds of review, as set out in Rule 39, were averred.

Perhaps, this case demonstrates one of the inadequacies of our present Rule 39, insofar as a litigant wishes…