Oliver v. State

LAWSON,' Justice.

The petitioner’s application for rehearing filed in the Court of Appeals was stricken on June 29, 1951. The petition for writ of certiorari was received and filed by the clerk of this court on July 23, 1951. No briefs have been filed here by petitioner. For these reasons the petition for writ of certiorari is stricken.

Where the application for rehearing filed in the Court of Appeals is not overruled, but stricken by that court, certiorari to this court will not lie. Wilkerson v. State, 246 Ala. 542, 21 So.2d 622; Birmingham Gas Co. v. Sanders, 230 Ala. 649, 162 So. 532. The…