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ABEL v. TINSLEY

No. 7812.

338 F.2d 514 (1964)

Frank ABEL and John G. Grimes, Appellants, v. Harry C. TINSLEY, Warden, Colorado State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

November 24, 1964.

Attorney(s) appearing for the Case

William M. Foster, Denver, Colo., for appellants.

John E. Bush, Denver, Colo. (Duke W. Dunbar, Atty. Gen. of Colo., and Frank E. Hickey, Deputy Atty. Gen., were on the brief), for appellee.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The trial court denied without hearing appellants' motion in the nature of coram nobis. Previously appellants, prisoners in the Colorado penitentiary under a state conviction, had been denied habeas corpus relief and this court had affirmed.1 The motion asserts that the denial of habeas relief was procured by fraud.

Coram nobis is not an available remedy. Coram nobis is a step in the criminal case

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