Opinion
Gen. No. 41,074. (Abstract of Decision.)
Opinion filed February 23, 1940
CRIMINAL PROCEDURE, § 709 — coram nobis, as properly denied. In proceeding in nature of writ of error coram nobis by one convicted of forgery, which conviction had been sustained by the Supreme Court, motion was properly dismissed where defendant charged that witnesses to signature to another note committed perjury, petition did not aver what testimony of new witnesses would be, nor that their testimony would tend to prove defendant was not guilty of charge upon which he was convicted.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Criminal Court of Cook county; Hon. ROBERT C. O'CONNELL, presiding.
Affirmed. Heard in second division, first district, at December term, 1939.
Harold L. Levy, for appellant;
Wm. Scott Stewart, of counsel;
Thomas J. Courtney, State's Attorney, for appellee;
Edward E. Wilson, John T. Gallagher, Melvin S. Rembe, Blair L. Varnes and Leslie V. Curtis, Assistant State's Attorneys, of counsel.
"Not to be published in full." Opinion filed February 23, 1940.