People v. Erhart

This is an application by the defendant Herbert Erhart in the nature of a writ of error coram nobis asking for an order vacating and setting aside his conviction in the Broome County Court, on a plea of guilty, to the crime of grand larceny, second degree (reduced from robbery, first degree) while armed with a pistol. He was sentenced on March 10, 1930, to a term in the State prison at Auburn, New York, where he is now confined.

The validity of the conviction is now challenged on the ground that the indictment filed on January 20, 1930, alleged the commission of the crime at a future or…