Opinion
6 Div. 64.
February 13, 1964. Rehearing Denied November 19, 1964.
Certiorari to Court of Appeals.
Roger F. Rice, Birmingham, for petitioner.
Richmond M. Flowers, Atty. Gen., and David W. Clark, Asst. Atty. Gen., opposed.
Petition for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Swicegood v. State of Alabama, 168 So.2d 624.
Writ denied.
GOODWYN and COLEMAN, JJ., concur.
Petitioner did not complain in the Court of Appeals of the action of the trial court in reducing in a coram nobis proceeding the sentence originally imposed. Hence, our denial of the writ must not be understood as a recognition by this court of the principle that coram nobis lies to correct a sentence improperly imposed. That question will be treated when it is properly before us.
I find no merit in the contentions made by petitioner for reversal of the judgment of the Court of Appeals and hence concur in the action of the court in denying the writ.