Horsley v. State

CATES, Judge.

Horsley appeals from a judgment of the St. Clair Circuit Court denying him post conviction relief against a judgment of guilty of abuse of his daughter of less than twelve years of age in an attempt to carnally know her. His sentence was for twenty years in the penitentiary. Code 1940, T. 14, § 398. 1 Huggins v. State, 41 Ala.App. 548, 142 So.2d 915.

Though counsel below mistakenly referred to the pleadings as for habeas corpus, the trial court properly entertained them as calling for coram nobis. Johnson v. Williams, 244 Ala. 391, 13 So.2d 683, calls for such construction of…