Rogers v. State
| Decision Date | 05 June 1961 |
| Docket Number | No. 42060,42060 |
| Citation | 130 So.2d 856,241 Miss. 593 |
| Parties | Basel ROGERS v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Philip Singley, Roy J. Goss, Columbia, for appellant.
Joe T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., for appellee.
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. 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 entitled 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.
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Allred v. State, 43745
...of the court errors of fact, unknown at the time of the trial. In that case a petition was later filed in this Court (Rogers v. State, 241 Miss. 593, 130 So.2d 856, 1961), under the authority of Mississippi Code Annotated section 1992.5 (1956), since the defendant's conviction was affirmed ......
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Foster v. State
...precedents, we must determine whether the petition is "sufficient to show probable cause" for the relief requested. Rogers v. State, 241 Miss. 593, 130 So.2d 856 (1961); 2 Yates v. State, 189 So.2d 917 (Miss.1966). We have granted leave where there was doubt concerning its viability. Thomps......
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Sanders v. State, 54210
...from den. of writ of error coram nobis, 199 So.2d 625 (1967); Thornhill v. State, 246 Miss. 312, 149 So.2d 27 (1963); Rogers v. State, 241 Miss. 593, 130 So.2d 856 (1961). B. Undergirding Rule 8.07 and its manifestly-without-merit standard is Blackledge v. Allison, 431 U.S. 63, 97 S.Ct. 162......
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State v. Thornhill, 43360
...history of this tragedy may be found in the following reports: Rogers v. State, 243 Miss. 219, 136 So.2d 331 (1962); Rogers v. State, 241 Miss. 593, 130 So.2d 856 (1961); Rogers v. Jones, 240 Miss. 610, 128 So.2d 547 The State contends that the trial judge had no authority to direct a verdi......