Legal Opinion
Moore v. State
Supreme Court of Alabama
Decided December 20, 1962No. 3 Div. 52PublishedCited by 6 opinions
1Opinion of the Court
HARWOOD, Justice.
Supreme Court Rule 39, Title 7, Code of Alabama 1940 provides that this court will not receive an application for a writ of certiorari for the purpose of reviewing a decision of the Court of Appeals, unless it appears upon the face of the application that application for a rehearing was made in the Court of Appeals and decided adversely to the movant.
The record shows that no application for a rehearing was made in the Court of Appeals. Such defect is jurisdictional. Oliver v. State, 256 Ala. 295, 54 So.2d 618.
The petition for certiorari must be stricken.
Petition stricken.
LIVIN…
2Cases cited2 opinions
- Oliver v. StateSupreme Court of Alabama · 1951
- Oliver v. StateAlabama Court of Appeals · 1951
3Cited by6 opinions
- Linkletter v. WalkerSupreme Court of the United States · 1965
- Burgreen Contracting Company, Inc. v. GoodmanSupreme Court of Alabama · 1975
- American Liberty Insurance Company v. PackSupreme Court of Alabama · 1971
- Reaves v. StateSupreme Court of Alabama · 1971
- Linkletter v. WalkerSupreme Court of the United States · 1965
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