Mabry v. State, 6 Div. 408
| Decision Date | 12 March 1959 |
| Docket Number | 6 Div. 408 |
| Citation | 268 Ala. 660,110 So.2d 260 |
| Parties | Jessie W. MABRY v. STATE of Alabama. |
| Court | Alabama Supreme Court |
Griffin & Wilson, Birmingham, for petitioner.
MacDonald Gallion, Atty. Gen., and John F. Proctor, Asst. Atty. Gen., opposed.
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, rule 39, Code 1940, Tit. 7 Appendix.
The motion to dismiss the petition must be granted. Ex parte Taylor, 211 Ala. 282, 100 So. 331; Robinson v. Beale, 219 Ala. 154, 121 So. 428; Morgan Plan Co. v. Beverly, 255 Ala. 235, 51 So.2d 179.
Petition dismissed.
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...397, 211 So.2d 877; Sanders v. State, 278 Ala. 453, 179 So.2d 35; Mabry v. State, 40 Ala.App. 129, 110 So.2d 250, cert. denied 268 Ala. 660, 110 So.2d 260; Thigpen v. State, 49 Ala.App. 233, 270 So.2d 666; Hurst v. State, 54 Ala.App. 254, 307 So.2d 62, cert. denied 293 Ala. 548, 307 So.2d 7......
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...perpetrated by all or less than all of the conspirators.' Mabry v. State, 40 Ala. App. 129, 110 So. 2d 250, cert. denied, 268 Ala. 660, 110 So. 2d 260 (1969). Thus a co-conspirator is equated to an aider and abettor which under the facts he often, but not necessarily, is. Properly, conspira......
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...Mass.App.Ct.Adv.Sh. (1977) 1161, 1167.9 Contrast Mabry v. State, 40 Ala.App. 129, 134-135, 110 So.2d 250, cert. denied 268 Ala. 660, 110 So.2d 260 (1959), and State v. Bass, 255 N.C. 42, 51-52, 120 S.E.2d 580 (1961), where the intent to maim on the part of a passive accessory to an incident......