State v. Marshall

On the 30th day of January, 1946, in the Criminal Court of Marion County a verdict was returned finding the appellee Marshall guilty of robbery, and he was duly sentenced to imprisonment for not less than ten nor more than twenty-five years. His motion for new trial was overruled on June 26, 1946.

On October 27, 1951, Marshall filed a pleading which has been treated throughout as a petition for writ of error coram nobis. The state filed a special appearance and plea in abatement which was assigned to be heard on December 7, 1951. On that day the plea in abatement was “dismissed” by the court,…