Isbell v. State

CATES, Judge.

This is an appeal from denial of relief under coram nobis. Under Ex parte Jenkins, 38 Ala.App. 117, 76 So.2d 858, had the appellant applied here for a writ of error, he would have got himself another trial, and, we may add, another sentence (even unto death) without credit for any time already served.

Originally Isbell was indicted for robbery, a capital felony punishable only by a

jury. Code 1940, T. 14, § 415. He pled guilty. The judge rather than a jury fixed the punishment.

We were confronted with a like claim in Thomas v. State, 40 Ala.App. 697, 122 So.2d 535, a habeas corpus…