Pendleton v. State
| Decision Date | 29 January 1976 |
| Parties | In re Eugene Bizell PENDLETON, Jr. v. STATE. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL. SC 1547. |
| Court | Alabama Supreme Court |
Petition for writ of certiorari to the Court of Criminal Appeals, 57 Ala.App. ---, 329 So.2d 140.
William J. Baxley, Atty. Gen., Montgomery, and Quentin Q. Brown, Jr., Birmingham, Asst. Atty. Gen., for the State, petitioner.
J. Louis Wilkinson, Birmingham, for respondent.
The record in this case has been supplemented pursuant to a petition for writ of certiorari granted by this court and directed to the Circuit Court of Jefferson County; 1 and, it now being made to appear that the words omitted in the transcript as filed in the Court of Criminal Appeals do appear in the original indictment, the record as supplemented is therefore returned to the Court of Criminal Appeals.
The case was fully briefed and argued in the Court of Criminal Appeals upon original submission. Therefore, as provided by Rule 2(b), ARAP, the provisions of Rule 39(f) and (g), ARAP, permitting the filing of briefs and requests for oral argument after certiorari is granted by this court are suspended, and the petition for writ of certiorari to the Court of Criminal Appeals is hereby granted and the cause remanded to that court for review of the merits of the appeal based upon briefs filed on original submission and the entire record as supplemented.
WRIT GRANTED.
RULES SUSPENDED.
CAUSE REMANDED TO COURT OF CRIMINAL APPEALS.
1 See: S.C. 1547--Ex parte State of Alabama ex rel. Attorney General (In re: Eugene Bizell Pendleton, Jr. v. State, (Ms.), January 9, 1976, 295 Ala. ---, 329 So.2d 142.
To continue reading
Request your trial
-
Parker v. State
... ... BOOKOUT, J., dissents ... TYSON, Presiding Judge, concurring ... I concur in the foregoing opinion as prepared by my brother, Judge BOWEN ... Page 937 ... Because the Supreme Court of Alabama in Pendleton v. State, 295 Ala. 325, 329 So.2d 142; also Pendleton v. State, 295 Ala. 327, 329 So.2d 144, suspended the operation of old Rule 18, and gave immediate effect to Rule 10(f), ARAP; and also because the Supreme Court of Alabama in Carter v. State, Ala., 339 So.2d 592, suspended the rules applicable ... ...
-
Howard v. State
... ... State, 243 Ala. 564, 11 So.2d 131 (1942) (Indictment defective because it failed to name the poison used to commit murder.) ... The decision of this Court in Nelson v. State, 50 Ala.App. 285, 278 So.2d 734 (1973) (followed in Pendleton v. State, 57 Ala.App. 452, 329 So.2d 140 (1975), cause remanded on other grounds, 295 Ala. 327, 329 So.2d 144 (1976)), held that the omission in a murder indictment of any attempt to set out the "quo modo", or the manner in which the crime was committed, was such a defect in substance, in violation ... ...
-
Watts v. State
... ... It should be noted that Rule 2(a)(2) states that an appeal May be dismissed for failure of the appellant to file a brief. Such dismissal is not mandatory. The Supreme Court likewise has applied the Rules with considerable flexibility. Pendleton v. State, Ala., 329 So.2d 144 (1976) ... Title 15, § 389, supra, has long been construed to the effect that the filing of a brief is not essential to an appeal in a criminal case. Higginbotham v. State, 262 Ala. 236, 78 So.2d 637 (1955) ... Our prior opinion in ... ...
-
Gentry, In re
... ... Frank L. Thiemonge, III, Montgomery, for petitioner ... No brief from the State ... BLOODWORTH, Justice ... Petition of Charles Herbert Gentry for certiorari to the Court of Criminal Appeals to ... Pendleton v. State, 295 Ala. 327, 329 So.2d 144 (1976) ... The petition for the writ of certiorari is granted and this cause remanded to the ... ...