Hicks v. State

May 13, 1926
6 Div. 702.
Versions:108 So. 614
214 Ala. 675
1926 Ala. LEXIS 135

Lead Opinion

PER CURIAM.

"Writ denied on the authority of Ex parte Robinson, 183 Ala. 30, 63 So. 177.

ANDERSON, C. J., and SOMERVILLE, THOMAS, and BOULDIN, JX, concur.



Addendum

On Rehearing.

PER CURIAM.

Upon the original consideration of this petition this court was of the opinion that the holding of the Court of Appeals was correct, and denied the writ of certiorari upon the authority of the case of Ex parte Robinson, 183 Ala. 30, 63 So. 177, which said case is in point against the petitioner’s contention, was well considered and decided by the court in banc.

In the brief upon application for rehearing we are cited to the case of Zaner v. State, 90 Ala. 651, 8 So. 698, which does support petitioner’s contention; but, had counsel duly considered the opinion in the Robinson Case, supra, they would have discovered that the Zaner Case had been expressly overruled.

Writ denied.

ANDERSON, C. X, and SOMERVILLE, THOMAS, and BOULDIN, JJ., concur.