People v. Malone

ADAMS, P. J..In October, 1948, appellant above named, after trial by jury, was convicted in the Superior Court of Stanislaus County of grand theft, and sentenced to state prison to serve the term fixed by law. No motion for a new trial was filed, nor was an appeal taken from said judgment. On June 15, 1949, Malone filed in the said superior court a petition for a writ of error coram nobis, alleging therein that he was being held in the custody of the warden of San Quentin Prison illegally because of errors committed by the trial court and misconduct of the district attorney during his trial,…