316 So. 2d 214
Ala.
1975

Lead Opinion

EMBRY, Justice.

Writ denied.

HEFLIN, C. J., and MERRILL, BLOODWORTH, FAULKNER, JONES, ALMON and SHORES, JJ., concur. MADDOX, J., concurs specially.



Concurrence Opinion

MADDOX, Justice

(concurring specially) :

I concur in denying the writ solely because our review on certiorari, is limited, generally, to questions of law. By agreeing to deny certiorari, however, I do not wish to be understood as agreeing that the Court of Civil Appeals made correct findings of fact, or that the Court, by dicta in its opinion, correctly stated what is, or should be, the Alabama law in custody fights, when the evidence shows that the party having custody of a child of tender years is living openly in a state of sexual immorality.