People v. Harris

223 Cal. App. 2d 291 | Cal. Ct. App. | 1963

THE COURT.

Petitioners, were charged with, and convicted of, burglary; their appeal from the judgment of conviction is now pending in this court. They now petition for a writ of error coram vobis, alleging that, subsequent to their conviction, they have discovered, by reason of a confession made by a fellow prisoner, that he had in fact committed the burglary of which they stand convicted.

Apart from the fact that the confession relied on falls far short of clearing defendants, it is well settled that neither coram nobis nor coram vobis will lie on such a showing. (People v. Tuthill (1948) 32 Cal.2d 819 [198 P.2d 505]; People v. Wahrmund (1949) 91 Cal.App.2d 258, 261-262 [206 P.2d 56]; People v. Cox (1936) 18 Cal.App.2d 283, 286-287 [63 P.2d 849]; People v. Vernon (1935) 9 Cal.App.2d 138, 146 [49 P.2d 326].)

The petition is denied.

Case Details

Case Name: People v. Harris

Court Name: California Court of Appeal

Date Published: Dec 13, 1963

Citation: 223 Cal. App. 2d 291

Docket Number: Crim. No. 9317

Court Abbreviation: Cal. Ct. App.