Spires v. State

On Petition for Rehearing

Achor, J.

Appellant, in support of his petition for rehearing, asserts that the opinion and decision of this court in the above entitled cause is in error in the following respects [See: Spires v. State (1962), 244 *85Ind. 82, 189 N. E. 2d 413]: That the statute upon which the court based its decision is unconstitutional. The statute involved reads as follows:

“No court shall have jurisdiction to entertain any proceeding for writ of error coram nobis in which the defendant alleges matters or issues which have been or might have been adjudicated in a prior proceeding for…