Duff v. Commonwealth

Opinion op the Court by

Chief Justice Fulton—

Affirming.

This appeal is from a judgment sustaining a demurrer and dismissing a petition for a writ of error coram nobis.

The petition alleged, in substance, that the appellant was sentenced to the penitentiary for life at the September term 1940 of the Perry Circuit Court and was now confined pursuant to the judgment; that “after the time for an appeal * * * had passed and due to no fault of his own he discovered that the jury which rendered the verdict of guilty upon which the judgment and order of the Perry Circuit Court under which he is now…