PEOPLE v. AUSTIN

CRIMINAL PROCEDURE, § 709 — when motion in nature of writ of error coram nobis was filed too late. Where motion in nature of writ of error coram nobis was filed, seeking to review and vacate judgment entered against defendants which found them guilty of murder, and defendants contended that five year limitation could not be invoked for reason that defendants had not been permitted to file any proceedings during their incarceration until recent date, and it appeared that petition was not filed until almost ten years after defendants were convicted, held that defendants' contention was untenable.

Opinion by JUSTICE LEWE.

Not to be published in full. Opinion filed June 26, 1946; released for publication August 19, 1946.