Henry v. State

This is an appeal from a denial of a petition for writ of error coram nobis.

Although the record contains no response by the state or county authorities to the petition, the petition was dismissed without a hearing. The trial judge made a written finding that "the petition fails to allege sufficient grounds requiring hearing by this court." This was error.

The petition contains matters and allegations which, if true, entitle the petitioner to relief. Summers v. State,366 So.2d 336 (Ala.Cr.App. 1978), cert. denied, 366 So.2d 346 (Ala. 1979). "Since the petition was meritorious on its face,…