![]() ![]() ![]() At the hearing of the issues joined on the appellant's petition for the writ and the state's answer thereto in the circuit court on June 7, 1950, the prosecuting attorney appeared for the state and appellant appeared in person and by his counsel, Robert L. ![]() 3143, that he had been sentenced to life imprisonment in said case, and denied all other allegations of appellant's petition and prayed the same be dismissed. Thereafter the state filed its answer admitting appellant had been charged by information as above set out in case No. In due time after the filing of the instant petition for the writ said circuit court appointed counsel for appellant, set his petition for hearing and ordered appellant produced in court for said hearing. Louis County he was adjudged to be an insane person and was committed to State Hospital Number 1 as such that he was released or paroled from said State Hospital in March, 1948. 3143 that the alleged insanity was an error of fact which affected the validity and regularity of said proceedings wherein appellant was sentenced on Novemthat on said last date appellant was an indigent insane person incompetent to take any steps in said cause or enter any plea therein that he "is now perfectly normal and sane" and "that appellant is not attempting to attack the competence of his court appointed attorneys (in case 3143) nor to disparage their ability."Īppellant's petition further alleged that on the 6th day of August, 1947 in the Probate Court of St. His petition for the writ further alleged that at the time of the commission of the above offense on May 23, 1948, and on Novemand for a number of years prior to the commission of the crime he had been insane that the fact that he was at such times so insane was new evidence which, at the time of plea and sentence as above was unknown to said circuit court, to the prosecuting attorney, to appellant and his attorneys, and was not available to the court at the time of appellant's plea and sentence that on November 6, 1948, and prior, appellant, because of his insanity, was incompetent to make, offer, advise or suggest *841 any procedure to his attorneys that appellant sought the writ of error coram nobis to bring to the attention of the trial court the fact of his prior insanity, which, if it had been known to the court, would have resulted in a different judgment in said case No. ![]() Freeman that prior to November 6, 1948, by and through his counsel, he had entered a plea of guilty under the Information against him and that on November 6, 1948, said plea of guilty was accepted and he was thereupon sentenced to life imprisonment. 3143 with murder in the first degree, in that, on in Saline County, he had shot and killed one J. His petition alleged that in May, 1948 he was charged by Information in the Saline County circuit court in case No. On March 9, 1950, Norman Lee Blodgett (plaintiff-appellant), hereinafter called appellant, a prisoner in the state penitentiary filed in the circuit court of Saline County, Missouri, his petition for the issuance of a writ of error coram nobis to set aside the hereinafter mentioned judgment wherein he was sentenced to life imprisonment. This appeal was taken because the circuit court had refused to issue a writ of error coram nobis to set aside a judgment theretofore entered in a criminal cause. ![]()
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