Legal Opinion

Humphrey v. State

Court of Criminal Appeals of Alabama

Decided August 31, 1976No. 6 Div. 57PublishedCited by 1 opinion

1Opinion of the Court

CATES, Presiding Judge.

This is an appeal from a decision below turning down a petition for coram nobis.

The conviction was reviewed by this Court and affirmed without opinion in Humphrey (6 Div. 533) July 30, 1974.

In the post conviction hearing an apparent infirmity in one of two search warrants was stressed. Can a coram nobis proceeding reach such an assumed error?

We think not unless the other elements of coram nobis cause of action are proved. See Woodard v. State, 42 Ala.App. 552, 171 So.2d 462, particularly fn. 3 as to prior knowledge of the defendant at time of trial.

Along this line the…

2Cases cited5 opinions

  1. Woodard v. StateAlabama Court of Appeals · 1965
  2. Eagen v. StateSupreme Court of Alabama · 1967
  3. Seagroves v. StateCourt of Criminal Appeals of Alabama · 1974
  4. Adams v. StateSupreme Court of Alabama · 1967
  5. Taylor v. StateCourt of Criminal Appeals of Alabama · 1971

3Cited by1 opinion

  1. Ex parte HumphreySupreme Court of Alabama · 1976

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