Beard v. State
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; H. N. Hutton, Judge; 1. The right to bring proceedings in the nature of coram nobis exists, even though one has prior thereto pursued his other remedies, n Mo. 661; 61 Pac. 690; 57 Kan. 398; 60 Kan. 51. A motion for the writ will lie to revoke the judgment at any time the matter is presented to the court by such motion, supported by affidavits or evidence. 44 Mo. App. 506. See also 34 Am.
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Appeal from Phillips Circuit Court; H. N. Hutton, Judge; 1. The right to bring proceedings in the nature of coram nobis exists, even though one has prior thereto pursued his other remedies, n Mo. 661; 61 Pac. 690; 57 Kan. 398; 60 Kan. 51. A motion for the writ will lie to revoke the judgment at any time the matter is presented to the court by such motion, supported by affidavits or evidence. 44 Mo. App. 506. See also 34 Am. Dec. 395; 19 Wend. 620; 8 East, 414; 20 Wend. 626; 1 Swan. 341. 2. The circuit court has power to issue and determine necessary writs to carry into effect its general and…
1Opinion of the CourtRiddick, J.
The defendant, Govan Beard, a negro, was indicted in the Phillips Circuit Court for the crime of rape committed upon the person tf one Annie McAbles, a white woman. The defendant entered a plea of not guilty, but on the trial he was convicted and sentenced to be hung. The conviction rested almost entirely upon the testimony of the prosecuting witness, Annie McAbles. ' The case was afterwards brought to this court by writ of error, and the judgment affirmed.
After the judgment had been affirmed the defendant by his counsel presented a petition to the circuit court where the conviction was…
2Cases cited3 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- State v. CalhounSupreme Court of Kansas · 1893
- Howard v. StateSupreme Court of Arkansas · 1893
3Cited by9 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Davis v. StateIndiana Supreme Court · 1928
- Keane v. StateCourt of Appeals of Maryland · 1933
- People v. DryschIllinois Supreme Court · 1924
- Smith v. StateSupreme Court of Arkansas · 1940
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