514 P.2d 809 | Utah | 1973
Defendant appeals from an order of the district court denying his petition for a writ of coram nobis. Defendant was convicted of the crime of first-degree murder; his conviction was affirmed .by this court in State v. Gee.
On appeal, defendant contends that the foregoing facts constituted a sufficient ground upon which to issue a writ of coram nobis.
The use of the writ of coram no-bis is more restricted than the writ of habeas corpus.
There is an additional reason that the writ may not issue: it would not have been available at common law, for coram nobis was to correct an error of fact. It neither issues to correct an error of law nor to redress an irregularity occurring at the trial, such as misconduct of the jury, court, or officer of the court, except under circumstances amounting to extrinsic fraud, which in effect deprived the petitioner of a trial on the merits.
The order of the trial court is affirmed.
. 28 Utah 2d 96, 498 P.2d 662 (1972).
. Sullivan v. Turner, 22 Utah 2d 85, 448 P. 2d 907 (1968).
. People v. Reid, 195 Cal. 249, 232 P. 457, 36 A.L.R. 1435 (1924).
. People v. Reid, note 3, supra.
. People v. Reid, note 3, supra; 136 A.L.R. 1443, Anno: Coram nobis for matters relating to jury.
. Kelley v. People, 120 Colo. 1, 206 P.2d 337 (1949); People v. Jackson, 165 Cal.App.2d 183, 331 P.2d 981 (1958).