Costas v. THE PEOPLE

In July of 1954 John Costas pleaded guilty to an indictment for murder and was sentenced to imprisonment in the penitentiary for a term of 50 years. In September of 1955 he filed a “petition in the nature of a writ of error coram nobis,” by which he sought to have the judgment of conviction vacated. His petition was dismissed upon motion and he appeals.

Technically, the question is the legal sufficiency of the petition. But at the hearing on the motion to dismiss, the petitioner made an offer of proof. He also filed two affidavits in support of his petition, together with the transcipt of the…