Opinion

Ex parte Ellis

  • 41 Ala. App. 253
  • 128 So. 2d 108
  • 1961 Ala. App. LEXIS 384
Court
Alabama Court of Appeals
Filed
Mar 14, 1961
Status
Published
Author
Price
On the bench
Price
Cited by
7 cases
Authority
More cited than 80.3%

The opinion

PRICE, Judge.

Petitioner, Homer D. Ellis, was convicted of manslaughter in the first degree and was sentenced to imprisonment in the penitentiary for a term of ten years. An appeal was taken to this court and the case was affirmed. Ellis v. State, 39 Ala.App. 325 , 100 So.2d 725 .

Two petitions have been filed here which purport to be in the nature of applications for the writ of error coram nobis.

The Attorney General has filed a motion to strike said petitions on the ground, among others, that they are “vague, indefinite, uncertain and unintelligible.”

The functions of the writ of error coram nobis and the matters which may properly *254 be presented in the application have been stated many times by our courts. Brown v. State, 250 Ala. 444 , 35 So.2d 518 ; Smith v. State, 245 Ala. 161 , 16 So.2d 315 ; Stephens v. State, 36 Ala.App. 57 , 52 So.2d 169 ; Ex parte Reliford, 37 Ala.App. 697 , 75 So.2d 90 .

The allegations of the petitions are confusing, completely unintelligible, and are mere naked conclusions of the petitioner. Furthermore, the petition seeks relief which this court is powerless to grant. Caldwell v. State, 36 Ala.App. 612 , 63 So.2d 384 .

Moreover, a consideration of the record and the opinion on the appeal of Ellis v. State, supra, discloses that the matters attempted to be raised here were fully reviewed on appeal and the opinion contains a complete answer to petitioner’s contentions.

The petitions are insufficient and are without merit. The Attorney General’s motion is hereby granted.

Petitions dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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