Bennett v. State
Mississippi Supreme Court
Appeal from the circuit court of Yazoo county. IloN. W. A. HeNby, Judge. James Gr. Bennett having been convicted of bigamy, filed a writ of error coram nobis, and from an order denying the writ, appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Yazoo county. IloN. W. A. HeNby, Judge. James Gr. Bennett having been convicted of bigamy, filed a writ of error coram nobis, and from an order denying the writ, appeals. The facts are fully stated in the opinion of the court. In the case of Fugate v. State, 85 Miss. 94, Judge Whit-eield said, while chief justice, that the writ of coram nobis applied to both civil and criminal cases in Mississippi, and that where a proper case was made out any judgment would be recalled and a new trial awarded. However, in that case, the court held that the case then before…
1Opinion of the CourtSmith, C. J.
Appellant was convicted some time since of the crime of bigamy, appealed to this court, and the judgment was affirmed. Afterwards he filed a petition with the circuit judge in vacation for a writ of error cor am nobis, the prayer of which petition was ,by the circuit judge denied after hearing on full evidence.. The power of the judge to hear and determine this matter in vacation was not challenged.
The.ground of the petition is.the alleged existence of certain facts not made known to the court at the time of the trial, and which, had they been known, would have caused a different verdict and…
2Cases cited2 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- Fugate v. StateMississippi Supreme Court · 1904
3Cited by10 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Smith v. StateMississippi Supreme Court · 1986
- Mitchell v. StateMississippi Supreme Court · 1937
- Rogers v. JonesMississippi Supreme Court · 1961
- Carraway v. StateMississippi Supreme Court · 1932
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