Watts v. State

Second degree murder; sentence: twenty years imprisonment.

Pursuant to Rule 2 (b), Alabama Rules of Appellate Procedure, Rules 2 (a), 31 (a) and 31 (c) are hereby suspended and this cause restored ex mero motu to the rehearing docket of this Court.

On rehearing, it appears that this Court must determine if an appeal must be dismissed on failure of the appellant to file a brief, pursuant to Rules 2 (a), 31 (a) and 31 (c), A.R.A.P., or whether Title 15, § 389, Code of Alabama 1940 precludes such dismissal.

Upon reconsideration of this cause, § 389, supra, requiring that we search the record for…