People v. Martorana

Defendant was convicted on February 7, 1952, of assault with intent to commit rape. His motion for a new trial was denied. He did not appeal.

In November, 1952, defendant filed an application for writ of error coram nobis together with a notice of motion therefor. He appeals from the order denying his petition.

Defendant’s application was based upon the asserted ground that a fraud had been perpetrated upon the court in that one of defendant’s witnesses, George R. Hubbard, had been prevented from testifying at his trial. From the affidavits in support of defendant’s application it appears that…