Ex parte Richards

Alabama Court of Appeals

Ex parte Richards

168 So. 2d 29, 42 Ala. App. 461, 1964 Ala. App. LEXIS 251

Alabama Court of Appeals·Decided October 6, 1964·No. 4 Div. 521·Published·Cited by 1 cases

Opinion

CATES, Judge.

Application for leave to seek writ of error coram nobis to review three second degree burglary convictions. The appeals came here on the record proper and show attendance of counsel at arraignment, trial, sentencing and counsel for defendant show as endorsed addresses of a copy of the notice of appeal.

The petition refers to a confession made prior to preliminary examination. Neither McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819, nor Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479, are Fourteenth Amendment cases.

The right to counsel in criminal trials is by Constitution 1901, § 6, and is implemented by statute.¹

Richards avers he was denied the right to contact counsel until only a few days before trial. However, he does not aver that this deprived him of a fair trial. Moreover, the records filed here fail to show that his [462]*462lawyers asked for a continuance because of their not having time to prepare the case . for'trial! - .

TheState’s motion to dismiss is well táken because the allegations, had they been sworn to, are mere" conclusions.

Application dismissed.

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CATES, Judge.

Application for leave to seek writ of error coram nobis to review three second degree burglary convictions. The appeals came here on the record proper and show attendance of counsel at arraignment, trial, sentencing and counsel for defendant show as endorsed addresses of a copy of the notice of appeal.

The petition refers to a confession made prior to preliminary examination. Neither McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819, nor Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479, are Fourteenth Amendment cases.

The right to counsel in criminal trials is by Constitution 1901, § 6, and is implemented by statute.¹

Richards avers he was denied the right to contact counsel until only a few days before trial. However, he does not aver that this deprived him of a fair trial. Moreover, the records filed here fail to show that his [462]*462lawyers asked for a continuance because of their not having time to prepare the case . for'trial! - .

TheState’s motion to dismiss is well táken because the allegations, had they been sworn to, are mere" conclusions.

Application dismissed.

Ex parte Richards, 168 So. 2d 29, 42 Ala. App. 461, 1964 Ala. App. LEXIS 251 (Ala. Ct. App. 1964).

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Opinion

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