Cooper v. State
Cooper v. State
Opinion of the Court
This is an appeal by a convict from a judgment of the circuit court denying his petition for writ of error coram nobis.
■.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 burden of' petitioner’s complaint is that: “When he plead guilty and was sentenced on May 10, 1955, he was under the influence of Narcotic drugs * *
Conceding, without deciding, that petitioner might be entitled to some relief if he did in fact plead guilty while under the influence of drugs, there is nothing in this record to sustain his assertion that he did plead while under such influence. We are not to be understood as intimating that petitioner could or could not obtain his release or a new trial six years after his plea of guilty while he was, allegedly, in a drugged condition. That question is not presented.
The judgment appealed from recites that “the evidence fails to sustain the petition * * This recital of the judgment is not contradicted by the record presented to us. Under elementary rules of review, we must indulge the presumption that the trial court ruled correctly.
“ * * * After a defendant has been convicted on plea of guilty or after trial, the People are not required to assume the burden again of establishing' that what was done was regular in the absence of evidence to the contrary. * * * ” People v. Smyth, 3 N.Y.2d 184, 164 N.Y.S.2d 737, 143 N.E.2d 922, 924.
Appellant argues that he is entitled to “a transcript of the proceedings of the hearing” on his petition in the circuit court. We take it that petitioner is insisting that he is entitled to a free transcript of the evidence presented on,that hearing. We are of opinion that the law does not entitle petitioner to a free transcript1 of such evidence. Allison v. State, 273 Ala. 223, 137 So.2d 761.
It is to be remembered that this is not a proceeding by the State of Alabama against petitioner. The proceeding by the State of Alabama was terminated more than six years before the instant petition was-ifiled.• This, .is .a,-new -proceeding instituted by petitioner .and the burden, is on
We are of opinion that the judgment is due to be affirmed.
Affirmed.
Reference
- Full Case Name
- Grant Cooper v. State of Alabama.
- Cited By
- 6 cases
- Status
- Published