17 So. 2d 78 | Fla. | 1944
Lead Opinion
The judgment of the circuit court, remanding the appellant to custody, is
Affirmed.
BUFORD, C. J., BROWN, THOMAS and SEBRING, JJ., concur.
Addendum
In response to appellant's petition for clarification of our judgment in this case, for the information of appellant and his counsel we might state that, while some members of the Court were in some doubt as to whether habeas corpus, or a bill in equity to impeach the judgments and sentences under which appellant is held in custody, for fraud in their procurement, was the appropriate remedy for appellant to have pursued in this case (See Skipper v. Schumacher,
In so far as the petition in an informal way, asks leave of this Court to apply to the trial court for writ of errorCoram Nobis, the petition must be denied. Our view is that such coram nobis proceedings are not available on the facts shown by this record, under the general principles governing the granting of such writs of error as set forth in Lamb v. State,
BUFORD, C. J., BROWN, THOMAS and SEBRING, JJ., concur.