State ex rel. Gibson v. Cornwell
Wyoming Supreme Court
Exceptions by prosecuting attorney to rulings in a criminal case, in the District Court, Albany County; Hon. ■Charles E. Carpenter, Judge Heard on motion to strike the bill of exceptions, and petition in error, and to dismiss the cause. This proceeding has been treated by the prosecuting attorney as demanding the filing of a petition in error.
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Exceptions by prosecuting attorney to rulings in a criminal case, in the District Court, Albany County; Hon. ■Charles E. Carpenter, Judge Heard on motion to strike the bill of exceptions, and petition in error, and to dismiss the cause. This proceeding has been treated by the prosecuting attorney as demanding the filing of a petition in error. The ■statute requires that in nil criminal cases proceedings to reverse, or modify the judgment must be commenced by •petition in error in the same manner as in civil cases. (Séss. L. 1901, Ch. 63, amending Sec. 5422, Rev Stat.) A ■summons in error is…
1Opinion of the Court
Potter, Chirr Justice.
This is a proceeding brought in this court for the determination of certain questions arising upon a bill of exceptions taken by the County and Prosecuting Attorney o-f Albany County in a criminal case heard and determined in the District Court of that County, wherein one Bailey Corn-well was defendant. The authority for such a proceeding-in this court is found in Sections 5378 to 538* of the Revised Statutes of 1899, which read as follows:
“Sec. 5378. The prosecuting attorney may take exceptions to any opinion or decision of the court during the prosecution of the cause;…
2Cases cited3 opinions
- State v. BoulterWyoming Supreme Court · 1895
- Territory of Wyoming v. NelsonWyoming Supreme Court · 1880
- Territory of Wyoming v. ConleyWyoming Supreme Court · 1880
3Cited by19 opinions
- State v. KefferWyoming Supreme Court · 1993
- State v. SeligWyoming Supreme Court · 1981
- State v. GintherWyoming Supreme Court · 1938
- Crozier v. StateWyoming Supreme Court · 1994
- State v. NewmanWyoming Supreme Court · 2004
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