Legal Opinion

Allen v. State

Alabama Court of Appeals

Decided June 30, 1961No. 3 Div. 77PublishedCited by 12 opinions

1Opinion of the Court

CATES, Judge.

Allen, twice convicted of second degree burglary in the Pickens Circuit Court and now in Kilby Prison, sought habeas corpus in the Montgomery Circuit Court. His petition contends that in the Pickens Circuit Court (1) the trial judge refused him the assistance of counsel and (2) the State “induced and employed coerced and false testimony to secure [his] tainted conviction.”

As an exhibit Allen attached an affidavit of a confederate in the burglaries. The effect of this affidavit was that the solicitor induced the confederate’s wife to make certain false statements in exchange for…

2Cases cited1 opinion

  1. MacKreth v. WilsonAlabama Court of Appeals · 1943

3Cited by12 opinions

  1. Anderson v. StateAlabama Court of Appeals · 1961
  2. Brooks v. StateAlabama Court of Appeals · 1963
  3. Terry v. StateCourt of Criminal Appeals of Alabama · 1984
  4. Short v. StateCourt of Criminal Appeals of Alabama · 1971
  5. Ex parte NuckolsAlabama Court of Appeals · 1964

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