Appeal, No. 297, Oct. T., 1960, from order of Court of Quarter Sessions of Philadelphia County, Nov. T., 1959, Nos. 1035, 1037, and 1038, in case of Commonwealth of Pennsylvania v. Jerome Everette Taylor. Order affirmed.
Jerome Everette Taylor, appellant, in propria persona, submitted a brief.
Charles L. Durham and Domenick Vitullo, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for Commonwealth, appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.
[ 193 Pa. Super. Page 361]
This is an appeal by Jerome Everett Taylor from an order of the Court of Quarter Sessions of Philadelphia County dismissing his petition for a writ of error coram nobis.
On November 13, 1959, Taylor was involved in a robbery at the Reliance Federal Savings and Loan Association, 5519 Germantown Avenue, Philadelphia. On February 9, 1960, he was tried and convicted in the United States District Court for the Eastern District of Pennsylvania, and was sentenced by Judge KRAFT to five years imprisonment, plus five years probation at the expiration of the prison term. He is presently confined in the United States Penitentiary at Lewisburg, Pennsylvania.
On February 29, 1960, Taylor entered pleas of guilty in the Court of Quarter Sessions of Philadelphia County to Bills Nos. 1035, 1037, and 1038 November Sessions 1959, charging respectively carrying a concealed deadly weapon, robbery by violence, and
[ 193 Pa. Super. Page 362]
conspiracy. On the same date, he was sentenced by President Judge SLOANE to a prison term of six to twelve years, to commence at the expiration of the sentence imposed by Judge KRAFT. On April 18, 1960, Taylor filed the instant petition for a writ of error coram nobis, which petition was denied by the court below on May 13, 1960.
Appellant here attempts to advance three contentions which he states as follows: "Point I.... Appellant was not sufficiently represented by counsel.Point II. ... Coerced Federally extorted evidence was used at State Arraignment and the threat of using such evidence for the trial is what prompted appellant to institute a plea of guilty. Point III. ... Appellant was convicted and sentenced on previous indictment similar and substantiating same offense being put in jeopardy twice for the same crime, and sentences conflict".
Although the ancient remedy of error coram nobis is still in existence in Pennsylvania, it is one which in practice has become almost obsolete: Commonwealth v. Brewer, 170 Pa. Superior Ct. 251, 85 A.2d 618. The writ lies only where some fact exists outside of the record, which fact was not known at the time the judgment was rendered, through no fault of the petitioner, and which fact, if known, would have prevented the judgment: Commonwealth v. Harris, 351 Pa. 325, 41 A.2d 688. And see Commonwealth v. Mathews, 356 Pa. 100, 51 A.2d 609. The writ of error coram nobis is concerned only with factual errors, never operating to correct errors of law: Commonwealth v. ...