Couch v. State

198 So. 2d 308, 43 Ala. App. 707, 1966 Ala. App. LEXIS 596
CourtAlabama Court of Appeals
DecidedMarch 22, 1966
StatusPublished
Cited by3 cases

This text of 198 So. 2d 308 (Couch v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Couch v. State, 198 So. 2d 308, 43 Ala. App. 707, 1966 Ala. App. LEXIS 596 (Ala. Ct. App. 1966).

Opinion

PER CURIAM.

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

[708]*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. 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.

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Related

Rickard v. State
207 So. 2d 422 (Alabama Court of Appeals, 1968)
Couch v. State
198 So. 2d 269 (Supreme Court of Alabama, 1966)
Holloway v. State
191 So. 2d 828 (Alabama Court of Appeals, 1966)

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Bluebook (online)
198 So. 2d 308, 43 Ala. App. 707, 1966 Ala. App. LEXIS 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/couch-v-state-alactapp-1966.