Gray v. State
346 So. 2d 978
Ala.
1977
Check Treatment

Lead Opinion

TORBERT, Chief Justice.

The petition in this case was based on an alleged conflict with prior decisions of the Court of Criminal Appeals, however, the petitioner failed to comply with the requirements of Rule 39(c)(4), ARAP, in preparing his petition. For this reason the writ must be quashed as having been improvidently granted.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

BLOODWORTH, FAULKNER, ALMON and EMBRY, JJ., concur.



Dissenting Opinion

SHORES, Justice

(dissenting):

I respectfully dissent.

Although I agree that a strict construction of Rule 39 would have justified denial of the writ on preliminary examination, having granted it, however, this court, in my opinion, should address the merits of the petition.

MADDOX, JONES and BEATTY, JJ., concur.