Opinion
No. 42060.
June 5, 1961.
1. Criminal law — coram nobis — application for permission to file, sufficient to show probable cause for issuance of writ.
Application for permission to file in Circuit Court petition for writ of error coram nobis was sufficient to show probable cause for issuance of writ.
2. Criminal law — coram nobis — after affirmance on appeal of conviction — policy of Supreme Court on filing of application.
When application for permission to file in Circuit Court petition for writ of error coram nobis is filed in Supreme Court, its policy is not to hear oral testimony on disputed issues of fact although it could do so, and Supreme Court does not decide whether application and State's answer entitled applicant to issuance of writ as matter of law. Sec. 1992.5, Code 1942.
Headnotes as approved by Gillespie, J.
Appeal from the Supreme Court of the State of Mississippi.
Philip Singley, Roy J. Goss, Columbia, for petitioner.
G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for respondent.
ON APPLICATION FOR PERMISSION TO FILE PETITION FOR WRIT OF ERROR CORAM NOBIS
(Hn 1) The application for permission to file in the circuit court a petition for writ of error coram nobis is sufficient to show probable cause for the issuance of the writ on several grounds. (Hn 2) When such application is filed in this Court, it is not our policy to hear oral testimony on disputed issues of fact although the legislature has provided that we may do so. Sec. 1992.5, Code of 1942. Nor do we decide whether the application and the State's answer entitle applicant to the issuance of the writ as a matter of law.
In our opinion the pleadings in this matter require that we grant permission to file the petition for the writ of error coram nobis in the circuit court, and when the petition is filed, a disinterested judge will decide all questions of law and fact.
Petition for leave to file writ of error coram nobis granted.
Lee, P.J., and Kyle, Ethridge and Rodgers, JJ., concur.