Vernon

People v. Vernon

Bad Law
1935 Cal. App. LEXIS 1268·9 Cal. App. 2d 138·49 P.2d 326
Court of Appeal of CaliforniaSeptember 12, 1935Crim. 2732California3,048 words

Opinion

Opinion

Houser, J.

With reference to the foundational facts herein, it appears that on December 13, 1929, in response to two separate charges of “wrecking a train” and of “robbery” contained in an indictment that had been returned against him, together with an allegation contained in said indictment that theretofore, on separate respective dates and at separate respective places, he had suffered a total of five convictions for the commission by him of different and various felonies, the defendant therein, Thomas Vernon, pleaded “guilty” to such charges, and at the same time admitted that he had suffered each of such five separate convictions ; and that thereupon he was adjudged a habitual criminal and was sentenced to the state prison for the term prescribed by law. More than four and one-half years thereafter he caused to be presented to the trial court his application for a “writ of error, coram nobis”, and as ground therefor in substance alleged that his plea of “guilty” to said charges was induced solely by coercion and duress practiced upon him,—the alleged facts in that particular being in his application for said writ specifically set forth, and which application also included therein a copy…

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