Troup v. State

The state has filed a motion to strike the application for the writ of certiorari to the Court of Appeals for failure to comply with Supreme Court Rule 44, Code 1940, Tit. 7, Appendix, which provides that such applications “must be filed with the clerk of the supreme court within fifteen days after the action of said court of appeals upon the said application for rehearing.” Application for the writ of certiorari was filed with the clerk of this court on April 4, 1945, after the Court of Appeals had overruled an application for rehearing on March 19, 1946.

Counsel for petitioner placed the…