Order affirmed, upon the ground that coram nobis does not lie. This determination is made without prejudice to an application for a new trial in respect to the dying declaration. No opinion.

Concur: Conway, Ch. J., Dye, Fulo, Froessel and Burke, JJ. Desmond and Van Voorhis, JJ., dissent upon the ground that they are of the opinion that coram nobis should lie under these circumstances in a capital case.