People v. Holland

Defendant moves for a trial by jury of certain issues of fact raised by him in connection with a hearing on his application in the nature of a writ of error coram nobis. By an order of the Appellate Division, Second Department, dated March 25, 1960, the petitioner’s application was granted to the extent that a hearing was ordered to be held to inquire into the truthfulness of the allegations contained therein. Defendant asserts that he is entitled to a trial by jury as a matter of right. ,

The writ of error ooram nobis at common law was essentially a civil proceeding (State v. Calhoun, 50 Kan.…