COLE v. STATE


589 S.W.2d 941 (1979)

Lee COLE, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee, at Knoxville.

May 25, 1979.


Attorney(s) appearing for the Case

Mary Neill Southerland, Chattanooga, for appellant.

William M. Leech, Jr., Atty. Gen., William P. Sizer, II, Asst. Atty. Gen., Nashville, Jerry S. Sloan, Asst. Dist. Atty. Gen., Chattanooga, for appellee.


OPINION

DAUGHTREY, Judge.

In this appeal, the sole issue raised by the defendant-appellant concerns the failure of the trial judge to hold an evidentiary hearing on the defendant's petition for writ of error coram nobis, brought under T.C.A. § 40-3411. That statute, as amended by Acts 1978, ch. 738, § 1, now provides that "[u]pon a showing by the defendant that he was without fault in failing to present certain evidence at the proper time, a writ...

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