Thorpe v. State

LAWSON, Justice.

This case is submitted to this court on motion of the Attorney General to strike the petition for writ of certiorari and on the merits.

Motion to Strike

The motion to strike is grounded on the failure of petitioner to serve the Attorney General with a copy of the petition.

In Adkins v. State, 268 Ala. 548, 109 So. 2d 749, we said:

“ * * * jf- has been the consistent holding of this Court that without service of the petition and briefs on the Attorney General within the time required, this Court is without jurisdiction to proceed and a dismissal of the petition must be ordered * *…