Browning v. State

The reversal of the judgment denying the coram nobis petition is based on the fact that appointed counsel was not afforded a sufficient time to prepare appellant’s case. In accordance with this reason the majority said the failure to grant the continuance necessitated this post conviction relief.

Of course the matter of a continuance is addressed to the trial court’s discretion and is only subject to review upon a showing of abuse. Ballard v. State, 51 Ala.App. 393, 286 So.2d 68.

The original opinion, Browning v. State, 51 Ala.App. 632, 288 So.2d 170, was written by Judge Leigh Clark,…