Ex parte Phillips

Alabama Court of Appeals

Ex parte Phillips

120 So. 2d 580, 40 Ala. App. 647

CourtAlabama Court of Appeals

DecidedMay 10, 1960

Docket3 Div. 53

StatusPublished

Cited by3 cases

This text of 120 So. 2d 580 (Ex parte Phillips) 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

Ex parte Phillips, 120 So. 2d 580, 40 Ala. App. 647 (Ala. Ct. App. 1960).

Pincite

Opinion

HARWOOD, Presiding Judge.

This is an application or petition to this court for leave to apply to the Circuit Court of Montgomery County for a writ of error coram nobis to review the action of that court in adjudging appellant guilty under three separate indictments for robbery. It is not made to appear that appeal from such judgments were ever perfected to this court.

Unless the judgments were reviewed by this court on appeal, or otherwise, we are without jurisdiction in the premises. Ex parte Smith, 265 Ala. 60, 89 So.2d 694; Ex parte Williams, 255 Ala. 648, 53 So.2d 334; Smith v. State, 245 Ala. 161, 16 So.2d 315.

The Attorney General has filed a motion to dismiss this application or petition. While the absence of review by this court of the judgments in the criminal prosecutions is not made one of the grounds of the motion, we consider such lack of review to be jurisdictional. The motion to dismiss is therefore granted.

Petition dismissed.

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