State v. Stanley
Supreme Court of Missouri
Application fo.r Writ Coram Nobis. (1) The writ of error coram nobis is grounded upon latent errors of fact which do not appear upon the face of the record, but which must be brought to the attention of the court by evidence aliunde. It is in the nature of a new action, analogous to the writ of error.
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Application fo.r Writ Coram Nobis. (1) The writ of error coram nobis is grounded upon latent errors of fact which do not appear upon the face of the record, but which must be brought to the attention of the court by evidence aliunde. It is in the nature of a new action, analogous to the writ of error. It necessarily depends upon the production of extrinsic evidence, for the error does not appear as in the case where the remedy is in the ordinary writ of error, and the test to be applied as to whether or not the proceeding will lie is to consider whether the irregularity of error of fact…
1Opinion of the CourtGantt, P. J.
This is an application for a writ of error coram nobis, by the petitioner, to set aside and vacate the judgment of this court affirming the judgment of the circuit court of Dunklin county on June 8, 1909. The facts upon which this application is based are as follows:
On the 15th of October, 1904, an information was filed in the circuit court of Dunklin county by the prosecuting attorney of said county charging the petitioner herein with murder in the first degree of one F. E. Holliday on the 15th of May, 1904. The defendant was duly arraigned and entered his plea of not guilty, and at the…
2Cases cited5 opinions
- Dobbs v. StateSupreme Court of Kansas · 1901
- Hadley v. BerneroMissouri Court of Appeals · 1903
- Powell v. GottSupreme Court of Missouri · 1850
- McKindley v. BuckIllinois Supreme Court · 1867
- Marble v. VanhornMissouri Court of Appeals · 1893
3Cited by20 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- People v. VernonCalifornia Court of Appeal · 1935
- State v. CernySupreme Court of Missouri · 1956
- State v. CernySupreme Court of Missouri · 1956
- People v. DryschIllinois Supreme Court · 1924
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