MALONE v. STATE

8 Div. 754.

132 So.2d 749 (1961)

Troy MALONE, alias Cox v. STATE.

Court of Appeals of Alabama.

Rehearing Denied March 7, 1961.


Attorney(s) appearing for the Case

W. H. Quillin, Russellville, for appellant.

MacDonald Gallion, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.


PRICE, Judge.

Appellant was indicted by a grand jury of Franklin County for the offense of perjury. He pleaded guilty and was sentenced to two years in the penitentiary. Thereafter a motion was filed on appellant's behalf to withdraw the plea of guilty, and to vacate and set aside the judgment. The motion was denied by the trial court. Defendant has perfected his appeal to this court.

The indictment reads as follows:

"The Grand Jury of said County...

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