COM. ex rel. PRATER v. MYERS

Criminal Law — Practice — Writ of coram nobis — Alleged trial errors — Writ as substitute for motion for new trial or appeal.

In this case, in which it appeared that defendant, who had been convicted of burglary, rape, and sodomy, filed a petition for a writ of coram nobis alleging some trial errors, and that the court below, holding that a petition for a writ of coram nobis could not be used as a motion for a new trial nor as a substitute for an appeal, dismissed the petition, it was Held that the order of the court below should be affirmed.

Submitted December 13, 1961.