Cook v. State

The appellant was convicted of first degree murder and sentenced to life imprisonment. There was no appeal. Six years later appellant filed a petition for a writ of error coram nobis. To this petition the State filed a demurrer, which was overruled, and judgment was entered granting the petition, and a new trial was ordered. The State prayed an appeal. A few days later, and at the same term of court, the following memorandum was made in the court’s bench docket: “State of Indiana withdraws pray for appeal and files answer in general denial. Hearing set for Feb. 14—1938,” and on the same day…