Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Chester TEAL v. STATE.

CATES, Judge.

The Circuit Court, on motion of the State, dismissed the petition for coram nobis and a corollary request for a free transcript of evidence under Act 62, September 15, 1961 (Acts 1961, p. 1930).

We consider this action proper because the only averment that verges on coram nobis relief is that Teal bought a car from E.L. Anderson of Dallas, Texas, and had a bill of sale for it.

There is no allegation that (a) justifiably accounts for the late disclosure (or finding) of this evidence; (b) Mr. Anderson's testimony would ex proprio vigore have prevented the judgment there challenged; or (c) the State knowingly suppressed this evidence. Cauley v. State, 34 Ala. App. 111, 37 So.2d 153; Ex parte Reliford, 37 Ala. App. 697, 75 So.2d 90; Ex parte Gammon, 255 Ala. 502, 52 So.2d 369.

Moreover, the State's motion below pointed out that Teal's time to appeal had not then expired. Allison v. State, 273 Ala. 223, 137 So.2d 761.

The pauper's transcript of evidence act, § 4, requires a sworn statement of facts to support the request. Also, § 2 of the act seems to limit free transcripts to criminal appeal cases. Allison v. State, supra.

Affirmed.

Use AI to get other relevant cases.

Comments

TEAL v. STATE
(Nov 6, 1962)