Alabama Court of Appeals, 1969

Champion v. State

Champion v. State
Alabama Court of Appeals · Decided February 18, 1969 · Cates
44 Ala. App. 660; 219 So. 2d 416; 1969 Ala. App. LEXIS 381

Champion v. State

Opinion of the Court

CATES, Judge.

This appeal from denial of coram nobis raises only a question of fact.

The fact at issue is whether or not Champion voluntarily pleaded guilty to a grand larceny indictment for which he got a sentence of one year and a day.

He testified but brought out nothing to show that he could have probably maintained a not guilty plea. Champion’s fear seems to have been that he could get up to ten years in prison. His former attorney *661was called by the State and testified that he did not coerce Champion into pleading guilty.

Under Code 1940, T. 13, § 66 (third sentence), we close this opinion. Since the burden of persuasion was on •appellant, the judgment of the trial court is due to be

Affirmed.

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