Couch v. State , 43 Ala. App. 707 ( 1966 )

PER CURIAM.

This record reveals convictions on pleas of guilt before indictment. Constitution 1901, Amendment 37.

On coram nobis the appellant did not aver or prove that he had a valid defense or that he - was innocent of the original charges.

A majority of the court considers that the judgment below must under Culombe v. Connecticut, 367 U.S. 568, 81 S.Ct. 1860, 6 L.Ed.2d 1037 (147 Conn. 194, 158 A.2d 239), and Lynumn v. State of Illinois, 372 U.S. 528, 83 S.Ct. 917, 9 L.Ed.2d 922 (21 Ill.2d 63, 171 N.E.2d 17), be

Reversed.

JOHNSON, J., dissents only because of ■appellant’s failure to plead and prove a valid defense. Ex parte Taylor, 249 Ala. 667, 32 So.2d 659.