Brooks v. State

LAWSON, Justice.

John D. Brooks, an inmate of Kilby Prison, applied to a Judge of the Circuit Court of Montgomery County for the issuance of a writ of habeas corpus. The petition so presented was stricken on motion of the State.

Brooks appealed to the Court of Appeals, where the action of the Circuit Court was affirmed without consideration of the State’s motion to strike the record and dismiss the appeal.

Brooks and the State each filed an application for rehearing in the Court of Appeals.

Thereafter Brooks and the State each filed a petition for writ of certiorari in. this court.

The record of…