Opinion
Gen. No. 40,534. (Abstract of Decision.)
Original opinion filed February 14, 1939 Rehearing opinion filed January 21, 1941
CRIMINAL PROCEDURE, § 709 — writ of error coram nobis. Where defendant convicted of keeping house of ill fame paid a fine and served a jail sentence, brought writ of error coram nobis 12 years later, on ground that an important witness had been threatened with physical injury unless he left the jurisdiction, such evidence did not show that defendant himself was under duress, which statute would require, and statute of limitations barred the action (Ill. Rev. Stat. 1939, ch. 110, § 196; Jones Ill. Stats. Ann. 104.072).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. FRANCIS BORRELLI, presiding.
Reversed. Heard in second division, first district, this court at December term, 1938.
Thomas J. Courtney, State's Attorney, for appellant;
Edward E. Wilson, John T. Gallagher, Melvin S. Rembe, Blair L. Varnes and Amos P. Scruggs, Assistant State's Attorneys, of counsel;
Charles W. Schaub, for appellee;
Deneen Massena, amicus curiae.
ON REHEARING.
"Not to be published in full." Original opinion filed February 14, 1939; rehearing opinion filed January 21, 1941.