People v. Cahan

THE COURT.

This is a petition in the nature of a writ of

coram nobis.

Appellant seeks to set aside a judgment rendered against him on December 10, 1953, in the Superior Court of Los Angeles County, and which judgment was affirmed on appeal by this court on July 29, 1954

(People

v.

Cahan,

126 Cal.App.2d 785 [273 P.2d 64]). A petition for hearing in the Supreme Court was denied on August 26, 1954.

As grounds for his petition to set aside the judgment, appellant asserts, (1) that he was not guilty of the offenses of which he was convicted, i. e., bookmaking and occupying a room with paraphernalia for the purpose of recording

bets;

and (2) evidence obtained by an unlawful search and seizure was admitted into evidence against him and therefore the judgment is void.

A motion to vacate a judgment does not lie to correct errors of law or to redress any irregularity that could have been corrected on a motion for a new trial or by an appeal

(People

v.

Cook,

97 Cal.App.2d 284, 285 [217 P.2d 498]).

The writ of

coram nobis

lies to correct an error of fact as distinguished from an error of law, when no statutory remedy exists or when the statutory remedy is not adequate

(People

v.

Mooney,

178 Cal. 525, 529 [174 P.

325]; People

v.

Reid,

195 Cal. 249 [232 P. 457, 36 A.L.R. 1435].)

In the instant proceeding, as pointed out by respondent, “The error which the petitioner here seeks to raise is clearly no more than a claimed error in the admission of evidence. He asserts that the judgment was obtained through the admission of evidence secured by unlawful and unreasonable search and seizure, in violation of the Fourth Amendment