People v. Dowding

Appellant pursues an erroneous procedure when he attempts to set aside that portion of a judgment adjudicating him an habitual criminal by means of a writ in the nature of coram nobis. Whatever substance there may be to appellant’s basic position, he can properly present it solely by application for a writ of habeas corpus.

The case arises from appellant’s appeal from the denial of a motion to annul, vacate, and set aside that portion of a judgment of October 27,1930, adjudicating him as an habitual criminal. Appellant was tried and convicted upon the charge of robbery in the first degree and…