Seibert v. State

JONES, Justice.

Can a defendant whose petition for Writ of Error Coram Nobis has been granted— setting aside his felony conviction and ordering a new trial — enter into a stipulation with the express approval of the State and the trial Court that his new trial shall consist of submission to the trial Court without a jury on the transcript of the entire proceedings in the first trial and the subsequent testimony taken during the coram nobis hearing? The Court of Criminal Appeals’ opinion, Ala.Cr.App., 343 So.2d 780 (1975), answered this question in the negative. We granted certiorari to review…