People v. Smith

Appellant filed, in the court in which he had been tried, a motion to set aside and vacate judgment, which is in the nature of a petition for a writ of error coram nobis. On its denial he appealed. Respondent moved to dismiss the appeal on the ground that appellant’s motion had raised no substantial issue. Both the appeal and the motion to dismiss it were submitted on the same record.

On December 6, 1947, appellant was arrested in Palo Alto and charged with the theft of an automobile. After a preliminary hearing an information was filed charging him under section 503 Vehicle Code. He was tried…