Callahan v. State

CATES, Judge.

This is a coram nobis appeal: the circuit court sustained the State’s demurrer to Callahan’s petition as finally amended.

We have jurisdiction of this appeal because the original conviction carried a five year sentence. See Ex parte Goodman, 43 Ala.App. 183, 185 So.2d 146. It was brought here on a stalling appeal on the record proper.

I

We adopt the argument advanced by the Attorney General in the instant appeal:

’ “The single question on this appeal is whether or not the trial court acted properly in sustaining the State’s demurrer to appellant’s amended petition for writ of error…