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279 Ala. 84

Wright v. State

Supreme Court of Alabama

Decided January 6, 1966

Supreme Court of Alabama · decided 1966-01-06

Relies on 162 So. 2d 602 - Fawvor v. US Oil of Louisiana, Inc. · Van Antwerp-Aldridge Drug Co. v. Schwarz · 159 So. 2d 439 - Menefee v. Pipes

Decided 1966-01-06

MERRILL, Justice.

¶1Petition for writ of certiorari to the Court of Appeals which affirmed the conviction of petitioner without an opinion.

¶2We have uniformly held that in the absence of an opinion by the Court of Appeals, we have nothing to review. Gandy v. State, 276 Ala. 409, 162 So.2d 620; Crawford v. State, 276 Ala. 98, 159 So.2d 457. This rule does not preclude us from reviewing a decision of that court where a constitutional question is involved. Espey v. State, 263 Ala. 207, 82 So.2d 270.

¶3Here, no constitutional question was argued in brief. It appears that no brief was filed by petitioner in the Court of Appeals until application for rehearing was filed.

¶4Writ denied.

LIVINGSTON, C. J., and SIMPSON and HARWOOD, JJ., concur.
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