State v. Rathie
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. In Bane. The defendants were convicted in the Circuit Court of Umatilla County of the crime of murder in the first degree, and sentenced to death, from which judgment they appealed to this court, where the judgment was affirmed. While a petition for rehearing was pending they attempted to sue out a writ of error coram nobis in the Circuit Court of Umatilla County, where upon a hearing the proceeding was dismissed.
Read the full summary
From Umatilla: Gilbert W. Phelps, Judge. In Bane. The defendants were convicted in the Circuit Court of Umatilla County of the crime of murder in the first degree, and sentenced to death, from which judgment they appealed to this court, where the judgment was affirmed. While a petition for rehearing was pending they attempted to sue out a writ of error coram nobis in the Circuit Court of Umatilla County, where upon a hearing the proceeding was dismissed. From such order of dismissal they appeal here.
1Opinion of the CourtMcBRIDE, J.
1,2. A writ of error coram nobis is defined as follows:
“It is a writ of error issued out of a court of competent jurisdiction, directed to the judges of a court of record in which final judgment has been given, and commanding them, in some cases, themselves to examine the record, in others to send it to another court of appellate jurisdiction, therein named, to be examined, in order that some alleged error in the proceedings may be corrected.” 2 Bouvier’s Law Dictionary, 1248.
By Section 1603, Or. L. (Olson’s Comp.), all writs of error and of certiorari are abolished in criminal cases. Said…
2Cited by28 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- State v. BouseOregon Supreme Court · 1953
- State v. DouglasOregon Supreme Court · 1990
- State v. HeckerOregon Supreme Court · 1923
- Busch v. TurnerCalifornia Supreme Court · 1945
23 more not listed; retrieve them via the Exa API.