Ex parte Byrd

MERRILL, Justice.

Petitioner Byrd, sentenced to the penitentiary for life under a conviction for murder in the first degree, has filed a petition for writ of certiorari to the Circuit Court of Choctaw County to review the records “of the original trial had in April, 1957, and of the hearing had in said Circuit Court on February 18, 1963, on error coram nobis which was * * * denied on March 2, 1963.”

The Attorney General has filed a motion to dismiss the petition. The motion must be granted for at least three reasons:

1. Certiorari does not lie when the remedy of appeal is available, and that…