Howard v. State
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. ChareES W. Smith, Judge. The writ of error coram nobis was properly issued. 35 Ark. 520. The court erred in submitting the cause to a jury. Mansf. Dig. sec. 2297, clause 6. The writ of error coram nobis is only a motion for a new trial after sentence and judgment, and the court should have granted a new trial, after granting the writ, without further proceedings. Motions for new trial are in the sound discretion of the court.
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Appeal from Ouachita Circuit Court. ChareES W. Smith, Judge. The writ of error coram nobis was properly issued. 35 Ark. 520. The court erred in submitting the cause to a jury. Mansf. Dig. sec. 2297, clause 6. The writ of error coram nobis is only a motion for a new trial after sentence and judgment, and the court should have granted a new trial, after granting the writ, without further proceedings. Motions for new trial are in the sound discretion of the court. Why not the writ of error coram nobis? 41 Ark. 229. No ground for a writ of error coram nobis was shown, and the court should have…
1Opinion of the Court
Fletcher, Special Judge.
At the November term, 1892, of the Ouachita circuit court, Henry Howard was convicted of murder in the first degree, and sentenced to be hanged. After the term had expired, he applied to the judge of that court for a writ of error coram nobis. The judge, upon examination of the petition and accompanying affidavits, granted the writ returnable at the next term of the court, and suspended execution of the sentence until the writ could be heard.
Howard assigned as error of fact, for which the judgment should be set aside, that, since the November term had expired, he had…
2Cases cited10 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Sanders v. StateIndiana Supreme Court · 1882
- Martin Pickett's Heirs v. LegerwoodSupreme Court of the United States · 1833
- State v. CalhounSupreme Court of Kansas · 1893
- Kemp v. CookCourt of Appeals of Maryland · 1861
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3Cited by42 opinions
- Penn v. StateSupreme Court of Arkansas · 1984
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Nickels v. StateSupreme Court of Florida · 1923
- People v. VernonCalifornia Court of Appeal · 1935
- Carruthers v. ReedCourt of Appeals for the Eighth Circuit · 1939
37 more not listed; retrieve them via the Exa API.