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Docket Number
Attorney(S)
  • Charlie C. McCall, Atty. Gen., Merwin T. Koonce, Asst. Atty. Gen., and Ben. G. Perry, Deputy Sol., and Arthur Green, Asst. Deputy Sol., both of Bessemer, for petitioner. Rule 38 (198 Ala. xiii, 83 So. vi), providing that appellee cannot apply for a rehearing unless brief was filed upon original hearing within fifteen days after submission of the cause, applies in criminal as well as civil cases, but need not be applied in any case in which the ends of justice may appear to require further consideration. Caraway v. State, 207 Ala. 588, 93 So. 548. Robert B. Harwood, of Tuscaloosa, and Ross, Bumgardner, Ross Ross, of Bessemer, opposed. Brief did not reach the Reporter.
Judges
  • BROWN, J.
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Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Charlie C. McCall, Atty. Gen., Merwin T. Koonce, Asst. Atty. Gen., and Ben. G. Perry, Deputy Sol., and Arthur Green, Asst. Deputy Sol., both of Bessemer, for petitioner. Rule 38 (198 Ala. xiii, 83 So. vi), providing that appellee cannot apply for a rehearing unless brief was filed upon original hearing within fifteen days after submission of the cause, applies in criminal as well as civil cases, but need not be applied in any case in which the ends of justice may appear to require further consideration. Caraway v. State, 207 Ala. 588, 93 So. 548. Robert B. Harwood, of Tuscaloosa, and Ross, Bumgardner, Ross Ross, of Bessemer, opposed. Brief did not reach the Reporter.
Judges
  • BROWN, J.
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Smart Summary

HALL v. STATE.

BROWN, J.

The Court of Appeals dismissed the state's application for rehearing because of a failure to comply with Rule 38, Supreme Court Practice. Code 1923, vol. 4, p. 891.

Whether or not the rule should be applied and enforced in the particular case to which the rule applies was a matter addressed to the irrevisable discretion of the Court of Appeals. Caraway v. State, 207 Ala. 588, 93 So. 548; Brewington v. State, 19 Ala. App. 409, 97 So. 763.

Writ denied.

ANDERSON, C. J., and SAYRE and THOMAS, JJ., concur.

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HALL v. STATE
(Oct 30, 1930)