Opinion
Gen. No. 43,699. (Abstract of Decision.)
Opinion filed June 26, 1946 Released for publication August 19, 1946
CRIMINAL PROCEDURE, § 709 — when motion in nature of writ of error coram nobis was filed too late. Where motion in nature of writ of error coram nobis was filed, seeking to review and vacate judgment entered against defendants which found them guilty of murder, and defendants contended that five year limitation could not be invoked for reason that defendants had not been permitted to file any proceedings during their incarceration until recent date, and it appeared that petition was not filed until almost ten years after defendants were convicted, held that defendants' contention was untenable.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Criminal Court of Cook county; the Hon. HAROLD G. WARD, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the April term, 1946.
Abraham Teitelbaum, for appellants;
Max C. Liss, of counsel;
William J. Tuohy, State's Attorney, for appellee;
Edward E. Wilson, John T. Gallagher, Melvin S. Rembe, Joseph A. Pope and C.D. Pemberton, Assistant State's Attorneys, of counsel.
Not to be published in full. Opinion filed June 26, 1946; released for publication August 19, 1946.