Thomas v. State
| Decision Date | 21 February 1963 |
| Docket Number | 1 Div. 41 |
| Citation | 274 Ala. 531,150 So.2d 387 |
| Court | Alabama Supreme Court |
| Parties | Richard J. THOMAS v. STATE of Alabama. |
Richard J. Thomas, pro se.
MacDonald Gallion, Atty. Gen., and John C. Tyson, III, Asst. Atty. Gen., for the State.
On the 19th day of May, 1959, the appellant, Richard Jewell Thomas, was tried and convicted in the Circuit Court of Clarke County, Alabama, or carnal knowledge of a girl under 12 years of age, and his punishment fixed at 25 years in the penitentiary. The defendant gave notice of appeal.
On the 20th day of May, 1959, the defendant withdrew his notice of appeal and waived suspension of sentence pending his appeal and began serving his sentence at once.
On the 18th day of September, 1961, Thomas filed his petition in the Circuit Court of Clarke County, Alabama, for writ of error coram nobis. The state moved to dismiss the petition stating several grounds therefor, among them being that the matters and things alleged were available to petitioner at the time of his trial and would not support a petition for error coram nobis. The writ of error coram nobis was denied and the petition dismissed, and petitioner brings this appeal.
The record now before us purports to contain the record proper in the proceedings of the circuit court on the petition.
There is no transcript of the evidence in this record.
The petition is grounded on four alleged errors: (1) that petitioner was not allowed to give evidence in support of his plea of insanity in that he was not allowed to testify as to two attempts to commit suicide while in jail; (2) that the circuit solicitor the Honorable Wymon Gilmore, gave evidence from a United States Department of Justice, F.B.I. record, which the petitioner contended was inaccurate; (3) that his attorney, at the original trial, the Honorable Neil Graham, was not allowed to argue to the jury a matter of evidence; namely, whether or not petitioner had been sent to Bryce's for examination; and (4) that the official court reporter, Mrs. Mildren N. Womble, did not record the entire trial proceedings of petitioner's original trial, on May 19, 1959, in that she did not record the testimony on his motion for a continuance filed in behalf of petitioner, just prior to trial, dealing with the absence of a witness.
The fourth ground of appellant's petition for error coram nobis was withdrawn by appellant during the hearing of the petition. The other three grounds of the petition were denied by the trial court for the simple reason that they were not...
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Jackson v. State
...Butler v. State, 279 Ala. 311, 313, 184 So.2d 823 (1966); Aldridge v. State, 278 Ala. 470, 474, 179 So.2d 51 (1965); Thomas v. State, 274 Ala. 531, 532, 150 So.2d 387 (1963); Allison v. State, 273 Ala. 223, 224, 137 So.2d 761, cert. denied, 369 U.S. 856, 82 S.Ct. 946, 8 L.Ed.2d 15 (1962); E......
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Bass v. State, 6 Div. 664
...Thus, we find no inadequacy demonstrated. See Taylor v. Alabama, 335 U.S. 252, 68 S.Ct. 1415, 92 L.Ed. 1935 (1948); Thomas v. State, 274 Ala. 531, 150 So.2d 387 (1963); Brown v. State, Ala.Cr.App., 373 So.2d 1232 Appellant contends that his attorney announced ready for trial when in fact he......
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...of the facts relied upon (as opposed to a general statement concerning the nature and effect of those facts), Thomas v. State, [274 Ala. 531, 150 So. 2d 387 (1963) ]; Ex parte Phillips, 276 Ala. 282, 161 So. 2d 485 (1964) ; Stephens v. State, 420 So. 2d 826 (Ala. Crim. App. 1982), sufficien......
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Bies v. State
...coram nobis must describe the specific facts on which the petitioner bases the claim that his rights were invaded. Thomas v. State, 274 Ala. 531, 532, 150 So.2d 387 (1963). The petition should make a full disclosure of the facts relied on, not mere conclusions as to the nature and effect of......