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40 Ala. App. 647

Ex parte Phillips

Alabama Court of Appeals

Decided May 10, 1960

Alabama Court of Appeals · decided 1960-05-10

Cited by 3 later decisions — most recently November 1965

3 state decisions

Relies on Smith v. State · Nunez v. Audubon Park Commission for New Orleans · Ex Parte Williams

Good law ✅— No negative treatment on recordhow we know

Decided 1960-05-10

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HARWOOD, Presiding Judge.

¶1This 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.

¶2Unless 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.

¶3The 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.

¶4Petition dismissed.

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