LOWE v. STATE, 271 Ala. 699 (1960)

122 So.2d 386

Jack LOWE, Sr., v. STATE of Alabama.

7 Div. 407.Supreme Court of Alabama.
July 14, 1960.

Petition of the State, by its Attorney General, for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in Lowe v. State, 122 So.2d 382.

Affirmed.

John Patterson, Atty. Gen., and Wm. C. Younger, Asst. Atty. Gen., for petitioner.

Pilcher Floyd and Roberts Orme, Gadsden, opposed.

COLEMAN, Justice.

Upon mature deliberation and after careful consideration of the application for certiorari, we are of opinion that the writ was improvidently issued, that the conclusion reached by the Court of Appeals is correct, and that the judgment of that court is due

Page 700

to be affirmed. See: National Casualty Co. v. Dunn, 209 Ala. 484, 96 So. 576; Ex parte Corona Coal Co., 213 Ala. 554, 105 So. 718; Connelly v. State, 30 Ala. App. 91, 1 So.2d 606, certiorari denied 241 Ala. 132, 1 So.2d 608; Nobles v. State, 30 Ala. App. 434, 7 So.2d 770, certiorari denied 242 Ala. 643, 7 So.2d 773.

Affirmed.

All the Justices concur.