Allison v. State, 6 Div. 811
| Decision Date | 01 February 1962 |
| Docket Number | 6 Div. 811 |
| Parties | Dewey ALLISON v. STATE of Alabama. |
| Court | Alabama Supreme Court |
Dewey Allison, pro se.
MacDonald Gallion, Atty. Gen., and John C. Tyson, III, Asst. Atty. Gen., for respondent.
This is a petition seeking to review an order of the circuit court denying relief to petitioner on his application to that court for writ of error coram nobis.
In his application to the circuit court, petitioner sought to review his prior conviction for murder in the first degree.
The petition filed in this court shows that petitioner was convicted and sentenced on May 26, 1960. It recites in pertinent part as follows:
'On July 14th, 1961, petitioner did file a Writ of Error Coram Nobis, in the Circuit Court of Walker County, Alabama, on October 5th, 1961, a hearing was had on said Writ of Error Coram Nobis, and was denied.'
Attached to the petition is a copy of the judgment of the circuit court denying the petition for coram nobis presented to that court. The judgment of the circuit court shows that this petitioner on his trial for murder in the first degree was represented by competent counsel and afforded every right to which the law entitled him. The order further shows that competent counsel was appointed to represent petitioner on the hearing in the circuit court on his petition for coram nobis.
We are unable to find from anything hat is now before us that petitioner has been denied any constitutional right. We are of opinion that he was afforded due process, notice of the charges against him, confrontation by and cross-examination of witnesses, and representation by counsel.
Petitioner states in his petition presented to us that perjured testimony was used by the prosecution to bring about his conviction. There are statements in his petition by which petitioner implies that the State knowngly used perjured testimony on his main trial. This assertion is not supported by what is before us. The circuit court, after an extensive hearing, found to the contrary.
Petitioner complains that, on the hearing of his petition for coram nobis in the circuit court, he was denied a transcript of the testimony taken on his main trial more than a year before he filed the petition...
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