Timothy Burns v. State of Alabama

ON PETITION FOR REHEARING

LYNNE, District Judge:

In its petition for rehearing, the State of Alabama contends that this Court erred in determining that, under Title 15, Sections 380(14)-380(25), Recompiled Code of Alabama 1958 (Supp.1965), the appellant had only ten days after the entry of the order denying him coram nobis relief in which to apply for a free transcript for appeal and thus that he had, in effect, no available state remedies at the time he filed his petition for writ of habeas corpus. The basis of petitioner’s argument is that the Supreme Court of Alabama, in the case of Keeton…