White v. State

CATES, Judge.

This coram nobis appeal was submitted December 22, 1966.

White claimed below, inter alia, that, while he had counsel throughout his original trial before a jury, he had no lawyer when sentenced later. He cited Williams v. State of Alabama, 5 Cir., 341 F.2d 777.

The District Attorney filed a motion to dismiss, ground 2 of which reads:

“2. For that it affirmatively appears that the allegations of the petition seek to establish matters which were available to the petitioner at the time of the trial.”

Shellnut v. State, 280 Ala. 28, 189 So.2d 590, was a case of denying certiorari to this…