People v. Butterfield

This is a proceeding in the nature of a writ of coram nobis. The defendant has appealed from an order refusing to vacate and set aside a judgment of conviction of murder of the first degree and to permit him to withdraw his plea of guilty and enter a plea of not guilty with the privilege of a trial by jury. The attorney-general has moved to dismiss the appeal on the grounds that the petitioner waived his right to a writ of coram nobis by failing to appeal from the judgment of conviction within the time allowed by law, and that he is guilty of laches in waiting ten months before moving to set…