Opinion
No. 29,009.
Filed October 2, 1953.
CRIMINAL LAW — Writ of Error — Coram Nobis — Confession of Error — Constitutional Law — Defendant Must Be Advised of Rights As An American Citizen. — Where petitioner on petition for writ of error coram nobis showed fact that he was not advised of his right to counsel at public expense, Supreme Court will reverse judgment where confession of error is made.
From the Lawrence Circuit Court, Chester A. Davis, Judge.
Petition for writ of error coram nobis by Phillip Craig, alleging that he had not been advised of his right to counsel at public expense. Upon confession of error by Attorney General, Supreme Court reversed.
Reversed.
H. Wayne Baker, of Bedford, for appellant.
Edwin K. Steers, Attorney General, and Carl Humble, Deputy Attorney General, for appellee.
This is a petition for writ of error coram nobis. The defendant was not advised of his right to counsel at public expense.
The Attorney General of Indiana, in his capacity as protector of the rights of the people, directs our attention to the case of Dearing v. State (1951), 229 Ind. 131, 95 N.E.2d 832, in which case Judge Gilkison, speaking for this court, made clear that a defendant in a criminal proceeding must be advised of his rights as an American citizen.
The Attorney General feels that this case should be reversed. We agree.
Judgment reversed, with instructions for further proceedings consistent with this opinion.
Gilkison, J., not participating.
NOTE. — Reported in 114 N.E.2d 562.