Legal Opinion
State v. Bibby
Court of Criminal Appeals of Alabama
Decided August 17, 1971No. 7 Div. 108PublishedCited by 23 opinions
1Opinion of the Court
CATES, Judge.
Purported appeal from a judgment (rara avis-mirabile dictu) granting a new trial after a hearing on a coram nobis petition. The appellee has moved us to dismiss because the law makes no provision for appeals in such cases by the State.
The State resists the motion to dismiss citing State v. Willis, 42 Ala.App. 414, 166 So.2d 917. Whatever might he said of the Willis opinion (from which the writer dissented) it is patent that therein no motion to dismiss was presented to this court.
We consider the appellee’s motion to dismiss is well taken. Our writ of error coram nobis, was…
2Cases cited12 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- In Re the Assessment of Additional Sales & Use Taxes Against Halifax Paper Co.Supreme Court of North Carolina · 1963
- Allen v. StateAlabama Court of Appeals · 1963
- State v. EndsleyOregon Supreme Court · 1958
- State v. JonesSupreme Court of Georgia · 1849
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- John Crane-Houdaille, Inc. v. LucasSupreme Court of Alabama · 1988
- Carroll v. StateCourt of Criminal Appeals of Alabama · 1984
- Symanowski v. StateCourt of Criminal Appeals of Alabama · 1992
- State v. GautneyCourt of Criminal Appeals of Alabama · 1977
- Ellison v. StateCourt of Criminal Appeals of Alabama · 1975
18 more not listed; retrieve them via the Exa API.