Miller v. State

The Attorney-General moves this court to dismiss the writ of error in this case upon the ground that the wrk was not issued until after the prisoner, the plaintiff in error, was actually confined in the State prison, in execution of the sentence of the court. And the argument was, that the judgment or sentence being in process of execution, the defendant being actually confined in the State prison, it would avail him nothing if the judgment were reversed, there being no lawful means of relieving him from the confinement, and he could not, therefore, be present at a new trial. And in effect…