Obie v. State

Appellant filed his eoram nobis petition with the Porter Circuit Court, in which among other things, he alleged that on February 21, 1949, he was tried by jury in that court and found guilty of the crime of grand larceny, and was sentenced to the Indiana State Prison for not less than one nor more than ten years, fined fifty dollars and adjudged to pay the costs. Upon such sentence he was immediately incarcerated in the prison where he has since remained.

There was a matter of fact which had the court known at the time would have prevented appellant’s conviction, as follows: The affidavit upon…