Carpenter
People v. Carpenter
Opinion
Lead Opinion
Dooling, J.
This is an appeal from an order denying a writ of error coram nobis after a hearing on the merits. Appellant was convicted of a robbery in which two men participated, one Negro and the other white. Appellant, who is white, was identified at the trial by his victim. One Bryant, a prisoner at San Quentin, also testified for the prosecution .that he was the Negro who participated in the robbery and •identified appellant as the other participant.
*183 The writ was sought on the ground that the conviction was secured by the knowing use by the public officers of San Mateo County of the perjured testimony of Bryant. At the hearing on coram nobis Bryant testified that his evidence against appellant had been false and that he had in fact not participated in the robbery and knew nothing of it.
The officers denied any knowledge that Bryant’s testimony was false at or before the time of trial, and Bryant’s own testimony was that he had told the officers who prosecuted appellant that he participated with appellant in the robbery and that he had done this without threat or inducement made to him by such officers. He testified that officers of other counties had harassed him over a period of…