Willard v. State

Alabama Court of Appeals

Willard v. State

217 So. 2d 832, 44 Ala. App. 619, 1969 Ala. App. LEXIS 371

CourtAlabama Court of Appeals

DecidedJanuary 14, 1969

Docket4 Div. 667

StatusPublished

This text of 217 So. 2d 832 (Willard 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

Willard v. State, 217 So. 2d 832, 44 Ala. App. 619, 1969 Ala. App. LEXIS 371 (Ala. Ct. App. 1969).

Pincite

Opinion

CATES, Judge.

Willard appeals from denial of coram no-bis.

[620]*620He pled guilty in open court to an indictment of robbery. He had agreed to a thirty year sentence but his jury set the punishment at twenty years in the penitentiary.

Since the trial of the indictment occurred in the Spring of 1966, under Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 199, no question of lack of counsel in identification can arise.

We note that the trial judge rejected Willard’s original offer to plead guilty. No unequivocal evidence was adduced that Willard ever made an out of court confession. Hence, there is no causal connection to explain his plea of guilty other than a desire to make the best of the worst. He made no motion to set aside the verdict or for new trial.

The judgment below is due to be

Affirmed.

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