State v. Griffin
Idaho Supreme Court
APPEAL from District Court, Logan County. The failure of a court to act or its incorrect action can 'never authorize a nunc pro tunc entry. If a court does not. render judgment, or renders one which is imperfect or improper, it has no power to remedy any of these errors or omissions bjr treating them as clerical misprisions. (Gray v. Brignarditto, .1 Wall. 627; Hyde v. Curling, 10 Mo. 359; Gibson v. Chouteau, ■45 Mo. 171, 100 Am.
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APPEAL from District Court, Logan County. The failure of a court to act or its incorrect action can 'never authorize a nunc pro tunc entry. If a court does not. render judgment, or renders one which is imperfect or improper, it has no power to remedy any of these errors or omissions bjr treating them as clerical misprisions. (Gray v. Brignarditto, .1 Wall. 627; Hyde v. Curling, 10 Mo. 359; Gibson v. Chouteau, ■45 Mo. 171, 100 Am. Dec. 366; Fetters v. Baird, 70 Mo. 389; Woolbridge v. Quinn, 79 Mo. 370; Cassidy v. Woodward, 77 Iowa, 355, 42 N W. 319; Garrison v. People, 6 Neb. 274.) It is well…
1Opinion of the Court
HUSTON, J.-
The defendant was convicted at the May-term, 1894, of the district court for Logan county, of the clSne of grand larceny, and was on the twenty-seventh day of June, 1894, a day in said term, sentenced to the state penitentiary fertile period of seven years. In the minutes of the court, under-date June 21, 1894, appears the following entry: “It appearing to the court there is an omission in the record of the proceedings had in this court on Monday, the thirtieth day of *461April, 1894, in the matter of the state of Idaho against Lafayette M. Griffin, case No. 9, it is by this court…
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