State v. Ramirez
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Madison County. Hon. James G. Gwinn, Judge. Judgment of conviction of murder in the first degree, and sentence to death. The right is inherent in the judiciary to decide upon its rules and procedure, in order to the furtherance of justice, and pursuant thereto it is competent for it to decide whether it will resume jurisdiction, if need be.
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APPEAL from the District Court of the Ninth Judicial District, for Madison County. Hon. James G. Gwinn, Judge. Judgment of conviction of murder in the first degree, and sentence to death. The right is inherent in the judiciary to decide upon its rules and procedure, in order to the furtherance of justice, and pursuant thereto it is competent for it to decide whether it will resume jurisdiction, if need be. (United States v. Aahervik, 180 Fed. 137, 146; Franklin Bank Note Go. v. Mackey, 158 N. Y. 683, 51 N. E. 178.) “The supreme court has power during the term, when it discovers an error, to…
1Opinion of the CourtBudge, J.
Appellant was convicted of murder in the first degree, and his punishment was fixed by the jury at death. The judgment was affirmed by this court on May 25, 1921, and a petition for rehearing denied. (State v. Ramirez, 33 Ida. 803, 199 Pac. 376.) The remittitur was forwarded to the clerk of the trial court on July 28, 1921, and filed in said court on July 29, 1921.
A motion was filed in this court by appellant’s counsel on October 11,1921, for an order recalling the remittitur, the restoration of the cause to the calendar, and permission to amend the petition for rehearing or file a…
2Cases cited37 opinions
- State v. GarciaNew Mexico Supreme Court · 1914
- Fritz v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Owen v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Rowland v. KreyenhagenCalifornia Supreme Court · 1864
- State v. BondIdaho Supreme Court · 1906
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3Cited by58 opinions
- United States v. RosenbergCourt of Appeals for the Second Circuit · 1952
- State v. CreechIdaho Supreme Court · 1983
- People v. GreenCalifornia Supreme Court · 1956
- State v. OwenIdaho Supreme Court · 1953
- State v. LawsSupreme Court of New Jersey · 1967
53 more not listed; retrieve them via the Exa API.