197 S.W.2d 253 | Ky. Ct. App. | 1946
Affirming.
This is an appeal from a judgment of the Criminal Division of the Jefferson Circuit Court dismissing appellant's petition for a writ of error coram nobis. Appellant is confined in the Kentucky State Penitentiary under sentence of twenty years, which he received upon his trial on a charge of rape committed upon one Clara Dale. The judgment of conviction was entered October 25, 1944, and was affirmed by this Court in October, 1945. Walsh v. Commonwealth,
A writ of error coram nobis is a common law writ whereby one imprisoned upon conviction of a crime may obtain a new trial by producing proof that, at the previous trial, he unknowingly was deprived of a defense which probably would have established his innocence. Anderson v. Buchanan et al.,
The judgment is affirmed.