DOBBINS v. STATE

8 Div. 146.

156 So.2d 358 (1963)

Edward DOBBINS v. STATE of Alabama.

Supreme Court of Alabama.


Attorney(s) appearing for the Case

Edward Dobbins, pro se.

Richmond M. Flowers, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.


MERRILL, Justice.

Petitioner filed a petition in this court for leave to file in the Circuit Court of Jackson County, an application for writ of error coram nobis to review his conviction for second degree murder in that court, and the affirmance of the judgment in this court, Dobbins v. State, 274 Ala. 524, 149 So.2d 814.

The grounds asserted in the petition are:

"1. For that the fonding (sic) of the jury is contrary to the weight of evidence in the case. "2. For that the finding of the jury is contrary to the law in the case. "3. For that evidence favorable to defendant was suppressed and withheld. "4. For that new evidence has been discovered that will prove, beyond all reasonable doubt, that the jury deciding the fate of defendant was rigged and that they had pre-determined his fate prior to trial. "5. For that new evidence has been discovered that is of such a nature that had it been known at the time of the trial it would have been sufficient to prevent the verdict and the judgment."

There are no exhibits, no evidence and the only support given the grounds are statements in petitioner's argument that he or his wife have some undisclosed evidence in their possession.

This petition, considered in connection with the record, is insufficient on its face and must be denied. Ex parte Williams, 268 Ala. 535, 108 So.2d 454.

Petition denied.

LIVINGSTON, C. J., and SIMPSON and HARWOOD, JJ., concur.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases