Ex parte Howard
| Decision Date | 05 September 1963 |
| Docket Number | 3 Div. 74 |
| Citation | 155 So.2d 927,275 Ala. 449 |
| Parties | Ex parte Roosevelt HOWARD. |
| Court | Alabama Supreme Court |
Solomon S. Seay, Jr., Montgomery, for petitioner.
Richmond M. Flowers, Atty. Gen., and Leslie Hall, Asst. Atty. Gen., for the State.
The original opinion in this cause is withdrawn and this one is substituted therefor on rehearing.
Petitioner Howard was convicted of murder in the first degree and we affirmed, Howard v. State, 273 Ala. 544, 142 So.2d 685. He then filed an application for leave to file a petition for a writ of error coram nobis in the Circuit Court of Butler County.
Originally, we denied Howard's application for leave to file petition for writ of error coram nobis. However, the State, not Howard, filed the application for rehearing in this cause and now appears to take the position that the petition should be granted. Since both parties to this controversy now apparently request that the petition be granted, we accede to the requests.
Petition for leave to file petition for writ of error coram nobis in the Circuit Court of Butler County granted.
Rehearing granted and petition granted.
All the Justices concur.
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Howard v. State
...of error coram nobis which was denied by the Supreme Court of Alabama, 275 Ala. 59, 151 So.2d 790, but was subsequently granted, 275 Ala. 449, 115 So.2d 927. Upon his second trial, Howard was again sentenced to death, and his conviction affirmed by the Supreme Court of Alabama, Howard v. St......
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Howard v. State
...from grand petit juries in Butler County. The State concurred in the request to grant leave, and it was so ordered in Ex parte Howard, 275 Ala. 449, 155 So.2d 927 (1963). The trial court heard the matter in January, 1964, and set aside the judgment of conviction and the sentence, held the i......