Ballard, In re, A-11591

• Decision Date: 23 January 1952
• Docket Number: No. A-11591,A-11591
• Citation: 95 Okla.Crim. 89,240 P.2d 455
• Parties: In re BALLARD.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 455

240 P.2d 455

95 Okla.Crim. 89

In re BALLARD.

No. A-11591.

Criminal Court of Appeals of Oklahoma.

Jan. 23, 1952.

Syllabus by the Court.

1. The writ of coram nobis or writ of error coram nobis was a common law writ which developed in common law procedure because of the absence at that time of the right to move for a new trial, and the right to appeal from the judgment and sentence pronounced against one accused of crime.

2. The right of defendant to file a motion in arrest of judgment, motion for new trial because of newly discovered evidence, the right to appeal from a judgment of conviction, and other statutory remedies, have superseded the office and functions of the common law writ of coram nobis or writ of error coram nobis.

Lawrence Ballard, pro se.

Mac Q. Williamson, Atty. Gen., for respondent.

JONES, Judge.

This is an original action wherein the petitioner, Lawrence Ballard, seeks a writ of error coram nobis for the purpose of presenting again the facts in connection with a homicide committed by him on May 20, 1921 in Choctaw County, Oklahoma, on account of which the petitioner was tried and convicted for murder on October 29, 1921 in the District Court of Choctaw County.

This court has never issued the writ of error coram nobis because it was a common law writ which has been largely superseded by the right given to one convicted of crime to file a motion in arrest of judgment, or a motion for new trial because of newly discovered evidence. Gibson v. State, 87 Okl.Cr. 260, 197 P.2d 310. State ex rel. Burford v. Sullivan, 86 Okl.Cr. 364, 193 P.2d 594; Ex parte Hinley, Okl.Cr.App., 234 P.2d 947.

It further appears that the identical question now presented has been heretofore presented by habeas corpus and decided adversely to petitioner. Ex parte Ballard, Okl.Cr.App., 225 P.2d 825.

The writ of error coram nobis is denied.

BRETT, P. J., concurs.