Petree v. State

Bell, Chief Judge.

After our affirmance of this case, 124 Ga. App. 670 (185 SE2d 562), the Supreme Courts of Georgia and the United States denied certiorari. See 124 Ga. App. 875 and 408 U. S. 922 (92 SC 2489, 33 LE2d 333). The defendant then filed a motion for a writ of coram nobis and for a new trial or in the alternative that his sentence be probated. The motion was denied by the superior court. Held:

1. A writ of error coram nobis lies for an error of fact not apparent on the face of the record, not attributable to the accused’s negligence and which, if before the court, would have…