State v. Kanieski

The writ of comm nobis is a common-law remedy of very narrow scope in this state and was given statutory recognition and preserved by sec. 958.07, Stats., in 1949. In the recent case of Fritz v. State (1964), 25 Wis. (2d) 91, 95, 130 N. W. (2d) 279, we stated:

“The type of error that may be reached by comm nobis was comprehensively considered in Houston v. State wherein it was stated:

“ ‘An error to constitute a ground for the granting of the writ of coram nobis must not only be unknown to the court but would have prevented the judgment of the court. . . . Unless it clearly appears that an…