MABRY v. STATE

6 Div. 408.

110 So.2d 260 (1959)

Jessie W. MABRY v. STATE of Alabama.

Supreme Court of Alabama.

March 12, 1959.


Attorney(s) appearing for the Case

Griffin & Wilson, Birmingham, for petitioner.

MacDonald Gallion, Atty. Gen., and John F. Proctor, Asst. Atty. Gen., opposed.


MERRILL, Justice.

The Attorney General has filed a motion to dismiss the petition for certiorari because it was filed too late. The record shows that the defendant's application for rehearing was overruled by the Court of Appeals on February 10, 1959. The petition for writ of certiorari was not "filed with the clerk of this court within fifteen days after the action of said court of appeals upon the said application for rehearing," as required by Supreme Court Rules...

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