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OWENS v. STATE

SC 476.

282 So.2d 417 (1973)

In re Norman OWENS v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

August 30, 1973.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Montgomery, and James G. Lee II, Sp. Asst. Atty. Gen., Tuscaloosa, for petitioner.

No brief for respondent, for appellee.

FAULKNER, Justice.

The State's petition for certiorari seeking our review of the decision of the Court of Criminal Appeals, 291 Ala. ___, 282 So.2d 402, is denied, because it clearly fails to comply with Supreme Court Rule 39, which is the only method of review of the Courts of Appeals by certiorari.

As this court has so often pointed out, Rule 39 requires that one of the grounds therein contained be averred before this...

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