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LUCAS v. UNITED STATES

Crim. A. No. A-5302.

114 F.Supp. 581 (1948)

LUCAS v. UNITED STATES.

United States District Court N. D. West Virginia.

January 20, 1948.

Attorney(s) appearing for the Case

Don McKee, Francis J. Love, Gilbert S. Bachmann, Wheeling, W. Va., for petitioner.

C. Lee Spillers, U. S. Atty., Wheeling, W. Va., for respondent.

BAKER, District Judge.

I have now before me a petition for "Writ of Error Coram Nobis Ad Testificandum," filed by Cecil S. Lucas on January 13, 1948. I have never heard of appending the ad testificandum to the common-law writ of coram nobis. It is also my opinion that since the adoption of the Federal Rules of Criminal Procedure, 18 U.S.C.A., the common-law writ of coram nobis no longer has any application in United States Courts. It is my belief that parties who...

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