Perez

Appellant pleaded guilty to the crime of robbery, and on March 23, 1907, he was sentenced to the penitentiary for life. On the second day of March, 1908, he filed a petition in the lower court alleging that his plea of guilty was made while under duress, “in that subsequent to his arrest, and prior to the preliminary examination, and while incarcerated in the county jail, the sheriff represented to him that he was in immediate danger of mob violence, and the only way to escape the same was to plead guilty and be immediately taken to the penitentiary. That believing and acting solely upon said representations he did then and there consent to plead guilty to said charge of robbery. ’ ’

On March 31, 1908, after notice given to the district attorney, counsel for petitioner moved the court to grant a writ of error coram nobis in accordance with the allegations and prayer of the petition. Affidavits in opposition to the motion were offered by the district attorney, which were received in evidence by the court over the objection and exception of petitioner, and from the order denying said motion the appeal has been taken.

It is claimed by respondent that no such proceeding is known to…