Babbitt v. State

The sole issue raised by this writ is:

May a judgment of sentence be reviewed under a writ of error to determine whether the court lacked jurisdiction to impose such sentence?

A writ of error “lies after final judgment, or after an order in the nature of a final judgment, rendered in a court of law, to correct some supposed mistake which is apparent on the face of the record.” 2

It is true that a judgment of conviction is a final judgment, for the purposes of direct review by appeal or review by writ of error, even though the trial court may withhold sentence and place the defendant on…