Legal Opinion · Concurrence

Crockett v. United States

Court of Appeals for the Ninth Circuit

Decided January 20, 1942No. 9894Published

1ConcurrenceStephens, Circuit Judge

Although the petition lacks craftsmanship and is incorrectly labeled “A Motion To Correct A Judgment” there is no mistaking the petitioner’s intention. He alleges many times that the judgment upon which he was committed to the penitentiary is void and I think that question was before the trial court. The only correction possible for a void judgment in a criminal case is to set it aside.

Whether the petition is in effect a petition for the issuance of the writ of Plabeas Corpus or for the writ of coram *549nobis is not of first importance notwithstanding the former is in the nature of a civil…

2Cases cited3 opinions

  1. Robinson v. JohnstonCourt of Appeals for the Ninth Circuit · 1941
  2. Waley v. JohnstonCourt of Appeals for the Ninth Circuit · 1941
  3. Crockett v. JohnstonCourt of Appeals for the Ninth Circuit · 1940

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