California Courts of Appeal, 1963

People v. Harris

California Courts of Appeal · Decided December 13, 1963

223 Cal. App. 2d 291; 35 Cal. Rptr. 753; 1963 Cal. App. LEXIS 1529

Cases that cite this one

2 later published cases cite this decision.

People v. Williams (Cal. Ct. App. 1965)
People v. Williams (Cal. Ct. App. 1965)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 con*292fession 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.

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