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291 Ala. 787

286 So.2d 67

Lowery v. State

Supreme Court of Alabama

Decided November 21, 1973

Supreme Court of Alabama · decided 1973-11-21

Relies on Hamilton-Brown Shoe Company v. Wolf Brothers & Company · 47 Ala. App. 182 - Felton v. State · O. L. Cooper v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1973-11-21

How this case has been cited

Cited by 26 later decisions — most recently March 1997 · most notably 52 Ala. App. 481 - Gray v. State (1974), Associated Industries of Alabama, Inc. v. State (1975)

26 state decisions

200197319801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

MADDOX, Justice.

¶1 Writ denied. By denying the writ, we point out that writs of certiorari are frequently denied without any consideration of the merits. Haden v. Olan Mills, Inc., 273 Ala. 129, 135 So.2d 388 (1961). A denial of certiorari should never be considered as an expression by the reviewing court on the merits of the controversy. See Hamilton Brown Shoe Co. v. Wolf Brothers, 240 U.S. 251, 36 S.Ct. 269, 60 L. Ed. 629 (1916). Our denial of the writ should not be understood as approving or disapproving the language used, or the statements of law contained in the opinion of the Court of Criminal Appeals. See Cooper v. State, 287 Ala. 728, 252 So.2d 108 (1971).

¶2 Writ denied.

HEFLIN, C. J., and MERRILL, HAR-WOOD and FAULKNER, JJ., concur.
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