Wilkerson v. State

GARDNER, Chief Justice.

The Court of Appeals sustained appellant’s motion to strike the State’s application for rehearing upon the ground of a noncompliance with Supreme Court Rule 38, Code 1940, Tit. 7 Appendix. This rule was held as applicable to criminal as well as civil cases in Caraway v. State, 207 Ala. 588, 93 So. 548. And whether or not this rule should be enforced in any particular case was held by this Court in Hall v. State, 222 Ala. 26, 130 So. 533, to be a matter addressed to the irrevisable discretion of the Court of Appeals. That discretion was here exercised against the State…