Linton v. State
Supreme Court of Arkansas
Appeal from Pope Circuit Court. Wieeiam L. Moose, Judge. STATEMENT BY THE COURT. Appellant was tried and convicted of the crime of murder in the second degree on the charge of having murdered his wife. His defense was insanity. The jury returned a verdict fixing his punishment at twenty-one years in the penitentiary.
Read the full summary
Appeal from Pope Circuit Court. Wieeiam L. Moose, Judge. STATEMENT BY THE COURT. Appellant was tried and convicted of the crime of murder in the second degree on the charge of having murdered his wife. His defense was insanity. The jury returned a verdict fixing his punishment at twenty-one years in the penitentiary. Before he was sentenced, his counsel filed a motion to stay sentence because of defendant’s then present insane condition, and also to quash the proceedings had against him for the reason that he was insane at the time of trial. The court stayed sentence for one week, and…
1Opinion of the CourtWood, J.
(after stating the facts). This court held in Adler v. State, 35 Ark. 517, that a circuit court judge has power after the expiration of a term to issue the writ of error coram nobis to reverse a judgment of conviction in a criminal case, where it appears that the defendant was insane at the time'of the trial, and the fact was not made known at the trial.
In Howard v. State, 58 Ark. 229, the office of the writ of coram nobis is said to be “to correct an error of fact in respect to a matter affecting the validity and regularity of the proceedings in the same court in which the judgment was…
2Cases cited3 opinions
- Adler v. StateSupreme Court of Arkansas · 1880
- Howard v. StateSupreme Court of Arkansas · 1893
- State v. HelmSupreme Court of Arkansas · 1901
3Cited by19 opinions
- People v. ReidCalifornia Supreme Court · 1924
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- People v. VernonCalifornia Court of Appeal · 1935
- Robinson v. JohnstonCourt of Appeals for the Ninth Circuit · 1941
- Ince v. StateSupreme Court of Arkansas · 1905
14 more not listed; retrieve them via the Exa API.