in prosecution for murder of police officer who was pursuing accused, *45 evidence of earlier shooting admissible to show motive
How later courts described this case
- in prosecution for murder of police officer who was pursuing accused, *45 evidence of earlier shooting admissible to show motive
- in prosecution for murder of police officer who was pursuing accused, evidence of earlier shooting admissible to show motive
Written by the judges who cited it.
The opinion
MADDOX, Justice.
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).
WRIT DENIED.
TORBERT, C.J., and JONES, BEATTY, ADAMS, HOUSTON and STEAGALL, JJ., concur.
ALMON and SHORES, JJ., not sitting.