Ex parte Flanigan

HARWOOD, Justice.

This is a petition for leave to file a writ of error coram nobis in the Circuit Court of Morgan County, Alabama.

In March 1945, the petitioner was adjudged guilty of murder in the first degree and sentenced to death. This judgment was affirmed by this court. Flanigan v. State, 247 Ala. 642, 25 So.2d 685. In concluding the opinion in this review written for the court, the late Justice Brown wrote:

“The evidence offered by the state shows without dispute that defendant and Stutts waylaid and in an attempt to-rob Shafer, Stutts shot him, with a pistol furnished- by the defendant…