Ex parte Gray
Supreme Court of Missouri
Habeas Corpus. The order of the 18th of December setting aside the judgment regularly made on the 22nd of September previous, at another and different term, was void and of no effect after the term had elapsed at which final judgment was taken; the court possessed no further control or jurisdiction over the case; and the entire proceeding at the November term was coram non judice.
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Habeas Corpus. The order of the 18th of December setting aside the judgment regularly made on the 22nd of September previous, at another and different term, was void and of no effect after the term had elapsed at which final judgment was taken; the court possessed no further control or jurisdiction over the case; and the entire proceeding at the November term was coram non judice. Danforth v. Lowe, 58 Mo. 217. There is no error patent of record, and if there be any irregularity, of which there is no pretense, it could not be shown by matters de hors the record. Phillips v. Evans, 64 Mo. 17;…
1Opinion of the CourtNorton, J.
'This is a proceeding by habeas corpus, the purpose of which is to procure the release of petitioner from his present imprisonment in the penitentiary. It appears from the petition and return to the writ that petitioner, on the 22d of September, 1882, at a special term of the Greene county circuit court, pleaded guilty to an indictment charging him with the crime of grand larceny, and was thereupon sentenced to imprisonment in the penitentiary for four years, and that he is now in the State’s prison under such sentence. It further appears that at the November term, 1882, of said circuit…
2Cases cited5 opinions
- In re ToneySupreme Court of Missouri · 1848
- Powell v. GottSupreme Court of Missouri · 1850
- Stacker v. Cooper Circuit CourtSupreme Court of Missouri · 1857
- Latshaw v. McNeesSupreme Court of Missouri · 1872
- State ex rel. Gilbert v. EldridgeSupreme Court of Missouri · 1877
3Cited by15 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Cross v. GouldMissouri Court of Appeals · 1908
- Hawie v. StateMississippi Supreme Court · 1919
- Fugate v. StateMississippi Supreme Court · 1904
- JR Watkins Company v. HubbardMissouri Court of Appeals · 1961
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