People v. Black

Good Law
1928 Cal. App. LEXIS 135·89 Cal. App. 219·264 P. 343
Court of Appeal of CaliforniaFebruary 10, 1928Docket No. 1582.California1,860 words

Opinion

Lead Opinion

Wood, J.

Appellant was accused by information filed by the district attorney of selling intoxicating liquor. He entered a plea of guilty on July 6, 1927, and on July 9, 1927, was sentenced to imprisonment for six months. On July 25, 1927, he filed in the superior court of Riverside County a petition for a writ of error coram nobis, in which he set forth that his plea of guilty had been entered by him “through the agency of duress, fraud and deception.” He alleged that one William Rush had been his employer at the Oasis pool-hall in the city of Blythe; that Rush had told him before the entry of his plea that if he would state to the court that he (appellant) had a lease on the premises and was running the business where the liquor was alleged to have been sold, it would avoid implicating the said Rush; that he (Rush) would pay any fine that would be imposed and that appellant would not receive a jail sentence. The petition further sets forth: “And he your petitioner believing that the said William Rush would be able to do the things that he said he would do all of which were believed by your petitioner which have hereinbefore been related and all of which the said William Rush has failed to…

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