State v. Richardson and Taylor
Supreme Court of Missouri
Appeal from Randolph. Circuit Court.—Hon. A. W. Walker, Judge. •(1) The motion in the nature of a writ of error coram nobis is the proper remedy to set aside a conviction obtained by duress or fraud, or to obtain relief from an improvident plea of guilty, unjustly procured from the accused, or to set aside a conviction on such plea, forced by fear of mob violence, and such a motion lies in Missouri. 16 C. J. 1326, 1327; State v. Calhoun, 50 Kan. 523, 18 L. R. A. 838; Sanders…
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Appeal from Randolph. Circuit Court.—Hon. A. W. Walker, Judge. •(1) The motion in the nature of a writ of error coram nobis is the proper remedy to set aside a conviction obtained by duress or fraud, or to obtain relief from an improvident plea of guilty, unjustly procured from the accused, or to set aside a conviction on such plea, forced by fear of mob violence, and such a motion lies in Missouri. 16 C. J. 1326, 1327; State v. Calhoun, 50 Kan. 523, 18 L. R. A. 838; Sanders v. State, 85 Ind. 318, 44 Am. Rep. 29; State v. Perez, 98 Pac. 870; Alexander v. State, 20 Wyo. 245; State v. Riley,…
1Opinion of the CourtWalker, J.
This is an appeal from an order overruling a motion made after final judgment (Sec. 1469, R. S. 1919). The motion was in the nature of an application for a writ of error coram nobis to set aside a judgment of conviction theretofore rendered by the Circuit Court of Randolph County upon pleas of -guilty entered by appellants to a charge of highway robbery. After hearing the testimony, the court overruled the. motion.- Prom this adverse ruling, the appellants, Richardson and Taylor, have perfected an appeal to this court.
The facts are set forth in the discussion of the case.
The relevant…
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2Cases cited15 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- State v. CalhounSupreme Court of Kansas · 1893
- People v. PerezCalifornia Court of Appeal · 1908
- Jeude v. SimsSupreme Court of Missouri · 1914
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3Cited by7 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Howard v. StateMissouri Court of Appeals · 1973
- Blodgett v. StateSupreme Court of Missouri · 1952
- State Ex Rel. Mitchell v. SwindallCourt of Criminal Appeals of Oklahoma · 1925
- Crow v. StateMissouri Court of Appeals · 1973
2 more not listed; retrieve them via the Exa API.