People v. Downie

This is an application in nature of coram nobis. Prisoner raises only a question of law. No hearing is necessary.

The prisoner was thirteen years of age on May 25,1943, when he was indicted for murder first degree. He was fourteen when he was permitted to plead to murder, second degree and was sentenced on a judgment of October 19, 1943, to fifty years to life by a judge of this court. The plea was accepted after several days of trial.

The defendant contends that a minor of his age could not legally be tried for murder in the first degree and sentenced for the crime of murder in the second…