Opinion
78-428.
May 11, 1979.
Petition for Writ of Certiorari to the Court of Criminal Appeals.
Elno A. Smith, Jr., Montgomery, for petitioner.
Charles A. Graddick, Atty. Gen. and Karen Neal Daniel, Asst. Atty. Gen., for respondent, the State.
The petition for writ of certiorari to the Court of Criminal Appeals, 370 So.2d 1107, is wholly insufficient in that no grounds for issuance of the writ contained in Rule 39, ARAP, are properly alleged, nor is Rule 39 (k), ARAP, utilized in the absence of an opinion by the Court of Criminal Appeals.
Accordingly, the petition is due to be, and is hereby, stricken.
PETITION STRICKEN.
TORBERT, C.J., and BLOODWORTH, FAULKNER, ALMON and EMBRY, JJ., concur.