Edwards v. State
| Decision Date | 28 February 1963 |
| Docket Number | 7 Div. 594 |
| Citation | 150 So.2d 710,274 Ala. 569 |
| Parties | Charles EDWARDS v. STATE of Alabama. |
| Court | Alabama Supreme Court |
Charles Edwards, pro se.
MacDonald Gallion, Atty. Gen., and Ed Brogden, Sp. Asst. Atty. Gen., for the State.
This appeal is from a judgment denying an application for a writ of error coram nobis after a hearing.
The defendant was tried and convicted of the offense of first degree murder and was sentenced to life imprisonment in the penitentiary on April 27, 1957. No motion for a new trial was made and no appeal was taken to this court. The defendant was represented by four able attorneys on his trial.
The application for writ of error coram nobis was filed July 11, 1962, and after a motion to dismiss the application was overruled, the cause was set for hearing on October 10, and two qualified attorneys were appointed as counsel to represent defendant, one of whom had represented him at his trial. The court also ordered that defendant be brought to Columbiana on September 27, in order that he might prepare his case.
A part of the court's order denying the application reads:
'It is, therefore, the judgment of the Court that the application for writ of error coram nobis is not well taken.'
There is nothing in the record before us which even slightly indicates that the judgment of the lower court was not correct.
Substantial error is not presumed, but the burden is upon the appellant to show error. Kabase v. State, 244 Ala. 182, 12 So.2d 766; McCall v. State, 262 Ala. 414, 79 So.2d 51; Fuller v. State, 269 Ala. 312, 113 So.2d 153; Cook v. State, 269 Ala. 646, 115 So.2d 101.
Affirmed.
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Summers v. State
...been unknown to the Court and to the defendant at the time of trial. Smith v. Hixon, 149 F.Supp. 283 (S.D.Ala.1957); Edwards v. State, 274 Ala. 569, 150 So.2d 710 (1963); Groce v. State, 48 Ala.App. 709, 267 So.2d 499 (1972). The error must be one which, if presented to the trial court, wou......
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Morrison v. State
...84, 11 L.Ed.2d 43 (1963). "Substantial error is not presumed, but the burden is upon the appellant to show error." Edwards v. State, 274 Ala. 569, 570, 150 So.2d 710, 711, cert. denied, 375 U.S. 882, 84 S.Ct. 152, 11 L.Ed.2d 112 (1963). "It is well established that this Court will not presu......
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Reeves v. State, 7 Div. 826
...appear." Id. "Substantial error is not presumed, but the burden is upon the appellant to show error." Edwards v. State, 274 Ala. 569, 570, 150 So.2d 710, 711 (1963). "A reviewing court cannot predicate error on matters not shown by the record. Indeed, a silent record supports a judgment. It......
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Hodges v. State, 8 Div. 8
...appear.' Id. 'Substantial error is not presumed, but the burden is upon the appellant to show error.' Edwards v. State, 274 Ala. 569, 570, 150 So.2d 710, 711 (1963). 'A reviewing court cannot predicate error on matters not shown by the record. Indeed, a silent record supports a judgment. It......