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41 Ala. App. 253

Ex parte Ellis

Alabama Court of Appeals

Decided March 14, 1961

Alabama Court of Appeals · decided 1961-03-14

Relies on Smith v. State · Brown v. State · Model City Lumber Co. v. Southern Railway Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1961-03-14

How this case has been cited

Cited by 13 later decisions — most recently July 1982

13 state decisions

60196119701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PRICE, Judge.

¶1Petitioner, Homer D. Ellis, was convicted of manslaughter in the first degree and was sentenced to imprisonment in the penitentiary for a term of ten years. An appeal was taken to this court and the case was affirmed. Ellis v. State, 39 Ala.App. 325, 100 So.2d 725.

¶2Two petitions have been filed here which purport to be in the nature of applications for the writ of error coram nobis.

¶3The Attorney General has filed a motion to strike said petitions on the ground, among others, that they are “vague, indefinite, uncertain and unintelligible.”

¶4The functions of the writ of error coram nobis and the matters which may properly *254be presented in the application have been stated many times by our courts. Brown v. State, 250 Ala. 444, 35 So.2d 518; Smith v. State, 245 Ala. 161, 16 So.2d 315; Stephens v. State, 36 Ala.App. 57, 52 So.2d 169; Ex parte Reliford, 37 Ala.App. 697, 75 So.2d 90.

¶5The allegations of the petitions are confusing, completely unintelligible, and are mere naked conclusions of the petitioner. Furthermore, the petition seeks relief which this court is powerless to grant. Caldwell v. State, 36 Ala.App. 612, 63 So.2d 384.

¶6Moreover, a consideration of the record and the opinion on the appeal of Ellis v. State, supra, discloses that the matters attempted to be raised here were fully reviewed on appeal and the opinion contains a complete answer to petitioner’s contentions.

¶7The petitions are insufficient and are without merit. The Attorney General’s motion is hereby granted.

¶8Petitions dismissed.

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