Ware v. State

• Decision Date: 04 March 1969
• Docket Number: 4 Div. 676
• Citation: 44 Ala.App. 679,219 So.2d 910
• Parties: Lillian Allen WARE v. STATE
• Court: Alabama Court of Appeals

Page 910

219 So.2d 910

44 Ala.App. 679

Lillian Allen WARE v. STATE

4 Div. 676.

Court of Appeals of Alabama.

March 4, 1969.

L. A. Farmer, Jr., Dothan, for appellant.

MacDonald Gallion, Atty. Gen., for the State.

CATES, Judge.

Ware appeals from the denial of coram nobis.

In 1965 Ware plead guilty in open court, attended by counsel, to indictments for two separate burglaries.

The following shows the care with which the trial judge made sure that Ware knew what he was doing:

'Plea of guilty before Hon. Keener Baxley, as Judge of said Court, at Dothan, Alabama, May 13, 1965.

'APPEARANCES: Hon. Forrest L. Adams, District Attorney, For Plaintiff.

Hon. W. G. Hardwick, Attorney for defendant.

'TESTIMONY AND PROCEEDINGS

'THE COURT: Lillian Allen Ware, you were before the Court here on May 7, 1965, on two indictments, and you had your employed attorney, Mr. Hardwick, with you, and on arraignment to the offense of burglary in the second degree and grand larceny, you were charged in that indictment in Case No. 8734, returned by the grand jury at the April term 1965, Houston County, Alabama, you were charged in Count One with the offense of burglary in the second degree, for the breaking into in the nighttime, with the intent to steal, break into and enter the building, structure or enclosure, to-wit: the store, storehouse or other building of B. G. Goodrich Store, a corporation, which is specially constructed or made to keep goods, wares, merchandise or other valuable thing, to-wit: money, radios and tape recorders; and in which goods, wares, merchandise or other valuable thing, to-wit: money, radios and tape recorders were kept for use, sale or deposit, against the peace and dignity of the State of Alabama.

'Count Two of the indictment charges that you feloniously took and carried away one type recorder and one radio of the aggregate value of $60.00, the personal property of B. F. Goodrich Store, a corporation against the peace and dignity of the State of Alabama.

'Each of those are a felony and punishable by imprisonment in the pentitentiary for not less than one nor more than ten years, but I presume that was all one act.

'You appeared on arraignment, you, together with your attorney, and you entered a plea of guilty of the charge of burglary in the second degree on that indictment. The Court refused to accept your plea of guilty and put it off until today.

'Now, you are before the Court on this indictment charging you with burglary in the second degree. Are you ready for a plea?

'A Yes, sir.

'THE COURT: Have you talked with your client, Mr. Hardwick?

'MR. MARDWICK: Yes, sir.

'THE COURT: Have you advised him in the case?

'MR. HARDWICK: Yes, sir.

'THE COURT: On the indictment here, charging you with burglary in the second degree or grand larceny, are you guilty or not guilty of burglary in the second degree or grand larceny, as charged in this indictment?

'A I am guilty.

'THE COURT: Which one, burglary in the second degree or grand larceny, that is, stealing?

'A Yes, sir.

'THE COU...