Dawson v. State, 8 Div. 687
| Decision Date | 30 June 1953 |
| Docket Number | 8 Div. 687 |
| Citation | 259 Ala. 205,66 So.2d 568 |
| Parties | DAWSON v. STATE. |
| Court | Alabama Supreme Court |
Thos. C. Pettus, Moulton, for petitioner.
Si Garrett, Atty. Gen., opposed.
Supreme Court Rule 44, as amended, Code 1940, Title 7, provides, in part, that an application to this court for writ of certiorari to the Court of Appeals to revise or correct a judgment of that court must be filed with the Clerk of the Supreme Court within fifteen days after the action of said Court of Appeals upon the application for rehearing.
The record before us shows on its face that the application for the writ of certiorari was not filed in accordance with Rule 44. The petition not having been filed in time must be and is, dismissed. McGraw v. State, 251 Ala. 123, 36 So.2d 560; Troup v. State, 248 Ala. 143, 26 So.2d 622.
Petition for writ of certiorari dismissed.
All the Justices concur.
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...an order denying a defendant's motion to withdraw his guilty plea. Dawson v. State, 37 Ala.App. 16, 66 So.2d 567, cert. denied, 259 Ala. 205, 66 So.2d 568 (1953). Since there is no statute or rule providing for a direct appeal from the denial of an application for treatment as a youthful of......
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...compliance with said Rule 39 has repeatedly been held to be jurisdictional. Oliver v. State, 256 Ala. 295, 54 So.2d 618; Dawson v. State, 259 Ala. 205, 66 So.2d 568; Johnson v. State, 261 Ala. 373, 74 So.2d 508; Reserve Life Ins. Co. v. Longshore, 262 Ala. 95, 77 So.2d 392. Thus the failure......
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...complied with. Compliance with Rule 44 is jurisdictional. The petition for certiorari is therefore stricken.' See also: Dawson v. State, 259 Ala. 205, 66 So.2d 568; Johnson v. State, 261 Ala. 373, 74 So.2d 508; Reserve Life Ins. Co. v. Longshore, 262 Ala. 95, 77 So.2d In the cases cited on ......
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...248 Ala. 143, 144, 26 So.2d 622; Burch v. State, 249 Ala. 72, 29 So.2d 425; Oliver v. State, 256 Ala. 295, 54 So.2d 618; Dawson v. State, 259 Ala. 205, 66 So.2d 568; Johnson v. State, 261 Ala. 373, 74 So.2d 508; Reserve Life Ins. Co. v. Longshore, 262 Ala. 95, 77 So.2d The record before us ......