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Champion v. State

Court of Appeals of Alabama
Feb 18, 1969
219 So. 2d 416 (Ala. Crim. App. 1969)

Opinion

6 Div. 424.

February 18, 1969.

Appeal from the Circut Court, Tuscaloosa County, Henry H. Mize, J.

C. Delaine Mountain, Tuscaloosa, for appellant.

MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for the State.


This appeal from denial of coram nobis raises only a question of fact.

The fact at issue is whether or not Champion voluntarily pleaded guilty to a grand larceny indictment for which he got a sentence of one year and a day.

He testified but brought out nothing to show that he could have probably maintained a not guilty plea. Champion's fear seems to have been that he could get up to ten years in prison. His former attorney was called by the State and testified that he did not coerce Champion into pleading guilty.

Under Code 1940, T. 13, § 66 (third sentence), we close this opinion. Since the burden of persuasion was on appellant, the judgment of the trial court is due to be

Affirmed.


Summaries of

Champion v. State

Court of Appeals of Alabama
Feb 18, 1969
219 So. 2d 416 (Ala. Crim. App. 1969)
Case details for

Champion v. State

Case Details

Full title:James Edward CHAMPION v. STATE

Court:Court of Appeals of Alabama

Date published: Feb 18, 1969

Citations

219 So. 2d 416 (Ala. Crim. App. 1969)
219 So. 2d 416

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