Dobbs v. State

Citations

• 63 Kan. 321
• 65 P. 658

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Coram Nobis— When the Writ Cannot be Used. The writ of coram nobis cannot be made the foundation for the examination of an alleged error of fact when, by the exercise of all reasonable ' diligence, such fact might have been presented to the court at /the trial, or upon a motion for a new trial.</p> <p>2. -Newly-discovered Material Evidence. Insufficient. Newly-discovered material evidence cannot be made the basis for a writ of coram nobis.</p> <p>3. - What Application Must Show. The application for a writ of error coram nobis must show that, if the facts upon which the error is predicated had been presented to the trial court, the judgment complained of could not have been entered.</p> <p>4. - Court Will not Weigh Conflicting Testimony. Upon an application for a writ of coram nobis, the court will not weigh conflicting testimony.</p>