# Ex Parte James

> Court of Criminal Appeals of Alabama · May 8, 1974 · 53 Ala. App. 632

URL: https://www.frixlaw.com/law-library/cases/9672141

## Case

- **Full name:** Ex Parte Eugene Howard JAMES
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** May 8, 1974
- **Citations:** 53 Ala. App. 632; 303 So. 2d 133; 1974 Ala. Crim. App. LEXIS 1326
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Tyson, Decarlo, Cates, Harris, JJ-
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9672141

## Opinion text

ON REHEARING
PER CURIAM.
As noted in this opinion the state did not file a brief on original submission of this case. Where there was no brief on the merits filed in opposition to petitioner’s brief, an application for rehearing is not a matter of right.
Since we disposed of this case on constitutional grounds, and since this is a case of first impression, we will simply overrule the application and pave the way for review by the Supreme Court if that Court so desires.
Opinion extended and application for rehearing overruled.
TYSON, HARRIS, and DeCARLO, JJ-, concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9672141. Public record. Not legal advice.