178 So. 404 (Fla. 1938), Jones v. State

Citation:178 So. 404, 130 Fla. 645
Party Name:JONES v. STATE.
Case Date:January 22, 1938
Court:Supreme Court of Florida
 
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Page 404

178 So. 404 (Fla. 1938)

130 Fla. 645

JONES

v.

STATE.

Florida Supreme Court

January 22, 1938

Michael C. Jones was convicted of armed robbery, the conviction was affirmed, and he files an application for leave to file a petition for a writ of error coram nobis.

Petition denied.

COUNSEL [130 Fla. 645]Michael C. Jones, in pro.per.

OPINION

CHAPMAN, Justice.

It having been made to appear by sworn petition of Michael C. Jones for a writ of error coram nobis that he was convicted of the crime of armed robbery in the criminal court of record of Hillsborough county and sentenced to the state prison of Florida for the term of his natural life; that on writ of error to the judgment of conviction the same was affirmed by this court and reported in 122 Fla. 307, 165 So. 33. The basis of the petition is the alleged perjured testimony of William B. Poling given at the trial of the petitioner, coupled with 'duress, coercion, intimidation and threats' by the prosecuting officer to induce the witness Poling to testify falsely [130 Fla. 646] against petitioner. The affidavit of the witness is attached to the petition. An affidavit of Annie Louis Burrows was filed in support of the petition. It is further alleged that material facts were in existence which were not adjudicated by the trial court.

In the case of Lamb v. State, 91 Fla. 396, text page 405, 107 So. 535, 538, this court said: 'The remedy cannot be invoked on the ground that an important witness testified falsely about a material issue in the case; nor can newly discovered evidence, going to the merits of the issue tried, be used as a basis for the writ.' See Washington v. State, 95 Fla. 289, 116 So. 470; Reed v. State, 94 Fla. 32, 113 So. 630; Skipper v. State, Fla., 173 So. 692.

The petition fails to show sufficient facts authorizing the order sought.

The petition is denied.

ELLIS, C.J., and WHITFIELD, TERRELL, and BUFORD, JJ., concur.

BROWN, J., concurs specially.

CONCURRING

BROWN, Justice (concurring specially).

I think the petition and accompanying affidavits might make out a good prima facie showing for leave to apply to trial court for writ of error coram nobis under the principles laid down by this court in Skipper v. Schumacher, 124 Fla. 384, 169 So. 58, 64, and in Mooney v. Holohan, 294 U.S. 103, 55 S.Ct. 340, 79 L.Ed. 791...

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