State Ex Rel. Emmert v. Gentry

This is an original action seeking to mandate Cassius M. Gentry as Judge of the Hamilton Circuit Court to grant a change of venue from the judge on issues raised under a petition for writ of error coram nobis.

The petition sought to set aside a judgment of the Hamilton Circuit Court wherein the petitioner, David C. Stephenson, was adjudged to be guilty of murder in the second degree. The respondent refused to grant the change on the theory that the proceeding was merely a part of the original criminal action, and further that no change was permissible under the prior holdings of this court.

It…