Upshaw v. State

CATES, Presiding Judge.

This is an appeal from the denial of a writ of error coram nobis. Upshaw asked for the writ to set aside a 1966 conviction for rape which carried a 40 year prison sentence. The instant proceeding was Upshaw’s third petition according to a motion by the District Attorney.

I

The State asks us to base an affirmance of the judgment below on the well established principle that to be entitled to the writ the petitioner must aver and prove that he was innocent of the crimes of which he stands convicted. Ex parte Taylor, 249 Ala. 667, 32 So.2d 659; Ex parte Fewell, 261 Ala. 246,…