Can a motion to set aside a judgment be considered a writ of error coram nobis?

California, United States of America


The following excerpt is from People v. Morris, 237 Cal.App.2d 773, 47 Cal.Rptr. 253 (Cal. App. 1965):

The trial court did not exceed its discretion in denying defendant's motion to set aside the judgment, made upon the ground of lack of jurisdiction. If the motion be viewed as a petition for writ of error coram nobis, it was not supported by a showing of an essential element, that the facts were not known to defendant prior to entry of judgment. (People v. Welch, 61 Cal.2d 786, 791, 40 Cal.Rptr. 238, 394 P.2d 926.)

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