Bowen v. State

On Motion for Rehearing.

The state contends, in this motion for rehearing, that we overlooked Code § 110-709, relating to void judgments, in reaching our decision. We do not find Code § 110-709 to require a different result. Prior to the Civil Practice Act there were two statutes relating to void judgments, Code §§ 110-701 and 110-709. Code § 110-701 was repealed by the CPA but Code § 110-709 provides: "The judgment of a court having no jurisdiction of the person or subject-matter, or void for any other cause, is a mere nullity, and may be so held in any court when it becomes material to the…