ISBELL v. STATE

6 Div. 55.

169 So.2d 27 (1964)

Edward T. ISBELL v. STATE.

Court of Appeals of Alabama.


Attorney(s) appearing for the Case

Edward T. Isbell, pro se.

Richmond M. Flowers, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.


CATES, Judge.

This is an appeal from denial of relief under coram nobis. Under Ex parte Jenkins, 38 Ala.App. 117, 76 So.2d 858, had the appellant applied here for a writ of error, he would have got himself another trial, and, we may add, another sentence (even unto death) without credit for any time already served.

Originally Isbell was indicted for robbery, a capital felony punishable only by a jury. Code 1940, T. 14, § 415. He pled guilty. The judge rather than a jury fixed the punishment.

We were confronted with a like claim in Thomas v. State, 40 Ala.App. 697, 122 So.2d 535, a habeas corpus appeal. There we refused to consider due process had been breached in a clear case of invited error.

Here, too, we consider the judgment should be

Affirmed.


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