HOLSCLAW v. STATE

8 Div. 726.

429 So.2d 1185 (1983)

Michael D. HOLSCLAW v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 1, 1983.

Certiorari Denied April 22, 1983.


Attorney(s) appearing for the Case

James M. Gaines of Smith, Gaines, Gaines & Sabatini, Huntsville, for appellant.

Charles A. Graddick, Atty. Gen., and J. Thomas Leverette, Asst. Atty. Gen., for appellee.


Alabama Supreme Court 82-548.

BOWEN, Judge.

This is an appeal from the denial of a petition for writ of error coram nobis.

Petitioner alleges that he is entitled to a new trial because he waived his right to a trial by jury based on the false representation of appointed counsel that if the case were tried without a jury the judge would "throw out" the case for insufficient evidence.

At the hearing on the petition, petitioner was the only witness...

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