Isbell v. State

Alabama Court of Appeals

Isbell v. State

169 So. 2d 27, 42 Ala. App. 498, 1964 Ala. App. LEXIS 235

CourtAlabama Court of Appeals

DecidedNovember 17, 1964

Docket6 Div. 55

StatusPublished

Cited by11 cases

This text of 169 So. 2d 27 (Isbell 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

Isbell v. State, 169 So. 2d 27, 42 Ala. App. 498, 1964 Ala. App. LEXIS 235 (Ala. Ct. App. 1964).

Pincite

Opinion

CATES, Judge.

This is an appeal from denial of relief under coram nobis. Under Ex parte Jenkins, 38 Ala.App. 117, 76 So.2d 858, had the appellant applied here for a writ of error, he would have got himself another trial, and, we may add, another sentence (even unto death) without credit for any time already served.

Originally Isbell was indicted for robbery, a capital felony punishable only by a

*499 jury. Code 1940, T. 14, § 415. He pled guilty. The judge rather than a jury fixed the punishment.

We were confronted with a like claim in Thomas v. State, 40 Ala.App. 697, 122 So.2d 535, a habeas corpus appeal. There we refused to consider due process had been breached in a clear case of invited error.

Here, too, we consider the judgment should be

Affirmed.

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