Alabama Court of Appeals, 1968

Rogers v. State

Rogers v. State
Alabama Court of Appeals · Decided March 12, 1968 · Cates
44 Ala. App. 331; 208 So. 2d 240; 1968 Ala. App. LEXIS 454

Rogers v. State

Opinion of the Court

CATES, Judge.

Rogers plead guilty to a noncapital felony before indictment. See Amendment 37 and Code 1940, T. 15, §§ 260-266. He has tried to appeal.

However, Code 1940, T. 15, § 266, expressly denies any appeal in such cases:

“§ 266. After the court has heard and considered the plea of guilty of the defendant, and has permitted the filing of such plea and sentenced the defendant, such defendant shall not have the right of appeal from the action of the court.”

Accordingly, the proceeding here is

Dismissed.

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