Divine v. State

MERRILL, Justice.

This appeal is from a denial of a petition for writ of error coram nobis by petitioner, who is in the penitentiary under a death sentence for first degree murder.

In September, 1964, appellant’s father secured a peace warrant for appellant and rode with a policeman and a deputy sheriff to his home where appellant lived with him. When they arrived at the father’s home, the policeman got out of the automobile and walked a few steps toward the house. Appellant shot him from inside the house with a shotgun and he died.

Appellant was indicted, convicted and sentenced, and an appeal…