Hawie v. State
Mississippi Supreme Court
Appeal from the circuit court of Rankin county. Hon. A. J. McLatjbin, Judge. George Hawie was convicted of murder and sentenced to death. From an order sustaining a demurrer to a petition for a writ of error coram nobis, he appeals. The facts are fully stated in the opinion of the court. Appellant was tried, convicted and sentenced to be hanged, at the January, 1919, of the circuit court of Rankin county, Mississsippi.
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Appeal from the circuit court of Rankin county. Hon. A. J. McLatjbin, Judge. George Hawie was convicted of murder and sentenced to death. From an order sustaining a demurrer to a petition for a writ of error coram nobis, he appeals. The facts are fully stated in the opinion of the court. Appellant was tried, convicted and sentenced to be hanged, at the January, 1919, of the circuit court of Rankin county, Mississsippi. He was tried on the 24th day of January, of the said term, and on the 25th day of January, the said court finally, adjourned. Between the time of appellant’s conviction and the…
1DissentEthridge, J.
I am unable to concur in the opinion of the majority. In the first place, section 32, Code of 1906 (section 7, Hemingway’s Code), expressly abolishes writs of error, and as a writ of error coram nobis is a writ of error, being a particular writ embraced in the general class of writs, it was intended to be abolished by the legislature, and therefore all cases antedating this change in our law have no bearing on the present suit. In the recent cases, embracing all cases arising since this change in the statute, no reference to the statute was made, either in the briefs of counsel or in the…
2Cases cited13 opinions
- Lamar v. StateMississippi Supreme Court · 1885
- Brown v. ClarkeSupreme Court of the United States · 1846
- Fugate v. StateMississippi Supreme Court · 1904
- Hill v. StateMississippi Supreme Court · 1895
- Cotton v. HillerMississippi Supreme Court · 1876
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