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46 Ala. App. 606

Morris v. Prickett

Court of Criminal Appeals of Alabama

Decided December 15, 1970

Court of Criminal Appeals of Alabama · decided 1970-12-15

Cited by 5 later decisions — most recently January 1997

5 state decisions

Relies on James v. Headley · 41 Ala. App. 502 - Anderson v. State · Ex parte Nuckols

Good law ✅— No negative treatment on recordhow we know

Decided 1970-12-15

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CATES, Judge.

¶1Habeas corpus denied.

¶2Morris, unattended by a lawyer, was' convicted in the City of Birmingham Recorder’s Court September 18, 1969, on two charges of trespass and two of assault and battery. One trespass and an assault occurred September 9, 1969, the other trespass and assault took place the next day. We see no agglutinative chronologic nexus as was applied in James v. Headley, 5 Cir., 410 F.2d 325.

¶3No one conviction carried more than 180 days. Morris did not appeal for a trial de novo in the circuit court wherein he could have had a jury trial.

¶4Since coram nobis must be sued out in the court convicting the prisoner, we cannot treat the instant petition as one for that writ because the proceeding sub judice, was in the circuit court.

¶5Habeas corpus is not the proper remedy. Code 1940, T. 15, § 27. Anderson v. State, 41 Ala.App. 502, 139 So.2d 352; Ex parte Nuckols, 42 Ala.App. 269, 160 So.2d 655; Ex parte Nuckols, 276 Ala. 368, 162 So.2d 464.

¶6The judgment below is due to be

¶7Affirmed.

ALMON, J., not sitting.
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