People v. Black

The defendant and appellant was found guilty of the crime of manslaughter. Upon appeal, the judgment was affirmed by this court (People v. Black, 111 Cal. App. 90 [ 295 Pac. 87 ]), and a petition for a hearing in the Supreme Court was denied. The remittitur was issued February 16, 1931. On February 21, 1931, the appellant filed in the superior court a “Notice of Motion to Vacate and Set Aside Judgment. In the Nature of Writ of Coram Nobis”, to which was attached a memorandum of authorities. Upon the hearing of the motion, counsel called the attention of the court to an excerpt from the transcript of the original trial, as follows: “I wish to call Your Honor’s attention to the testimony given at the time of the trial. There was a witness on the stand, and from the memorandum that I have it does not appear who it was, and the question was asked about the measurements: ‘Q. Who was taking the measurements?’ ‘A. The Sheriff of the County of San Bernardino. ’ ‘Q. Did you see anybody there from the sheriff’s office?' CA. I did.’ ‘Q. Who?’ ‘A. I saw Sheriff Shay.’ ‘Q. You saw Sheriff Shay personally?’ ‘A. I did.’ ‘Q. Anybody else?’ ‘I saw Mr. Allen, Deputy Sheriff.’ ‘Q. Anybody else?’ ‘A.…