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Willard v. State

Court of Appeals of Alabama
Jan 14, 1969
217 So. 2d 832 (Ala. Crim. App. 1969)

Opinion

4 Div. 667.

January 14, 1969.

Appeal from the Circuit Court, Henry County, Kenner Baxley, J.

Jere C. Segrest, Dotham, for appellant.

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


Willard appeals from denial of coram nobis.

He pled guilty in open court to an indictment of robbery. He had agreed to a thirty year sentence but his jury set the punishment at twenty years in the penitentiary.

Since the trial of the indictment occurred in the Spring of 1966, under Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 199, no question of lack of counsel in identification can arise.

We note that the trial judge rejected Willard's original offer to plead guilty. No unequivocal evidence was adduced that Willard ever made an out of court confession. Hence, there is no causal connection to explain his plea of guilty other than a desire to make the best of the worst. He made no motion to set aside the verdict or for new trial.

The judgment below is due to be

Affirmed.


Summaries of

Willard v. State

Court of Appeals of Alabama
Jan 14, 1969
217 So. 2d 832 (Ala. Crim. App. 1969)
Case details for

Willard v. State

Case Details

Full title:Joseph Paul WILLARD v. STATE

Court:Court of Appeals of Alabama

Date published: Jan 14, 1969

Citations

217 So. 2d 832 (Ala. Crim. App. 1969)
217 So. 2d 832