People v. Collins

FOX, J.

This is a motion, filed by defendant in propria persona,

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which is in the nature of a writ of error

coram nobis (People

v.

Smith,

120 Cal.App.2d 531, 534 [261 P.2d 306].) Defendant seeks to set aside judgments of conviction rendered against him in 1946 (in two separate trials) on three counts of abortion and on one count of homicide growing out of an illegal operation. The judgments and the orders denying his motions for a new trial were affirmed in

People

v.

Emery et al., Defendants, Collins, Appellant,

79 Cal.App.2d 226 [179 P.2d 843], and

People

v.

Collins,

80 Cal.App.2d 526 [182 P.2d 585], A hearing was denied by the Supreme Court in each case.

Defendant seeks to have the judgments set aside on the ground that the evidence admitted against him was “illegally obtained through unlawful and unreasonable search and seizure.” He relies on

People

v.

Cahan,

44 Cal.2d 434 [282 P.2d 905],

Preliminarily it should be pointed out that the circumstances under which a court may grant a motion in the nature of a writ of error

coram nobis

are confined “within narrow limitations.”

(People

v.

Sica,

116 Cal.App.2d 59, 62 [253 P.2d 75].) As stated in

People

v.

Adamson,