State v. Miller

The opinion of the court was delivered by

Hoch, J.:

This is an appeal by the state from an order of the district court refusing to dissolve an order in a proceeding for a writ of error coram nobis.

Abe Miller, the appellee, was convicted in Labette county, in May, 1940, of entering a bank with intent to rob the bank or the persons therein, and was sentenced under the habitual criminal act to a term *211of not less than fifteen years nor more than fifty years in the penitentiary, where he has since been confined.

In July, 1945, he filed an application for a writ of error coram nobis in the court where…