Opinion · Alabama Court of Appeals

Couch v. State

Couch v. State, 43 Ala. App. 707 (Ala. Ct. App. 1966)

Type: Opinion
Court: Alabama Court of Appeals
Jurisdiction: Alabama
Date: 1966-03-22
Topic: general

PER CURIAM. This record reveals convictions on pleas of guilt before indictment. Constitution 1901, Amendment 37. *708On coram nobis the appellant did not aver or prove that he had a valid defense or that he - was innocent of the original charges. A majority of the court considers that the judgment below must under Culombe v. Connecticut, 367 U.S. 568, 81 S.Ct. 1860, 6 L.Ed.2d 1037 (147 Conn. 194, 158 A.2d 239), and Lynumn v.

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Cited by: 3 opinions

PER CURIAM.

This record reveals convictions on pleas of guilt before indictment. Constitution 1901, Amendment 37.

*708 On coram nobis the appellant did not aver or prove that he had a valid defense or that he - was innocent of the original charges.

A majority of the court considers that the judgment below must under Culombe v. Connecticut, 367 U.S. 568, 81 S.Ct. 1860, 6 L.Ed.2d 1037 (147 Conn. 194, 158 A.2d 239), and Lynumn v. State of Illinois, 372 U.S. 528, 83 S.Ct. 917, 9 L.Ed.2d 922 (21 Ill.2d 63, 171 N.E.2d 17), be

Reversed.

JOHNSON, J., dissents only because of ■appellant’s failure to plead and prove a valid defense. Ex parte Taylor, 249 Ala. 667, 32 So.2d 659.