Moore v. State, 3 Div. 52
| Decision Date | 20 December 1962 |
| Docket Number | 3 Div. 52 |
| Citation | 147 So.2d 835,274 Ala. 276 |
| Parties | Perry W. MOORE, alias v. STATE. |
| Court | Alabama Supreme Court |
Perry W. Moore, pro se.
MacDonald Gallion, Atty. Gen., opposed.
Supreme Court Rule 39, Title 7, Code of Alabama 1940 provides that this court will not receive an application for a writ of certiorari for the purpose of reviewing a decision of the Court of Appeals, unless it appears upon the face of the application that application for a rehearing was made in the Court of Appeals and decided adversely to the movant.
The record shows that no application for a rehearing was made in the Court of Appeals. Such defect is jurisdictional. Oliver v. State, 256 Ala. 295, 54 So.2d 618.
The petitioner for certiorari must be stricken.
Petitioner stricken.
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