PEOPLE v. HARRIS (1963)

District Court of Appeal, Second District, Division 4, California.

The PEOPLE, Plaintiff and Respondent, v. Monroe Buster HARRIS and Daniel Fields, Jr., Defendants, Appellants and Petitioners.

Cr. 9317.

Decided: December 13, 1963

Herbert M. Porter, Los Angeles, for petitioners. No appearance for respondent.

Petitioners were charged with, and convicted of, burglary; their appeal from the judgment of conviction is now pending in this court. They now petition for a Writ of Error Coram Vobis, alleging that, subsequent to their conviction, they have discovered, by reason of a confession made by a fellow prisoner, that he had in fact committed the burglary of which they stand convicted.

Apart from the fact that the confession relied on falls far short of clearing defendants, it is well settled that neither coram nobis nor coram vobis will lie on such a showing. (People v. Tuthill (1948) 32 Cal.2d 819, 198 P.2d 505; People v. Wahrmund (1949) 91 Cal.App.2d 258, 261–262, 206 P.2d 56; People v. Cox (1936) 18 Cal.App.2d 283, 286–287, 63 P.2d 849; People v. Vernon (1935) 9 Cal.App.2d 138, 146, 49 P.2d 326.)

The Petition is denied.

PER CURIAM.

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