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43 Ala. App. 707

Couch v. State

Alabama Court of Appeals

Decided March 22, 1966

Alabama Court of Appeals · decided 1966-03-22

Cited by 3 later decisions — most recently December 1969

3 state decisions

Relies on Culombe v. Connecticut · Lynumn v. Illinois · Ex Parte Taylor

Good law ✅— No negative treatment on recordhow we know

Decided 1966-03-22

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PER CURIAM.

¶1This record reveals convictions on pleas of guilt before indictment. Constitution 1901, Amendment 37.

¶2*708On coram nobis the appellant did not aver or prove that he had a valid defense or that he - was innocent of the original charges.

¶3A majority of the court considers that the judgment below must under Culombe v. Connecticut, 367 U.S. 568, 81 S.Ct. 1860, 6 L.Ed.2d 1037 (147 Conn. 194, 158 A.2d 239), and Lynumn v. State of Illinois, 372 U.S. 528, 83 S.Ct. 917, 9 L.Ed.2d 922 (21 Ill.2d 63, 171 N.E.2d 17), be

¶4Reversed.

JOHNSON, J., dissents only because of ■appellant’s failure to plead and prove a valid defense. Ex parte Taylor, 249 Ala. 667, 32 So.2d 659.
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