State v. Rathie
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
McBRIDE, J.
1,2. A writ of error coram nobis is defined as follows:
“It is a writ of error issued out of a court of competent jurisdiction, directed to the judges of a court of record in which final judgment has been given, and commanding them, in some cases, themselves to examine the record, in others to send it to another court of appellate jurisdiction, therein named, to be examined, in order that some alleged error in the proceedings may be corrected.” 2 Bouvier’s Law Dictionary, 1248.
By Section 1603, Or. L. (Olson’s Comp.), all writs of error and of certiorari are abolished in criminal cases. Said section is as follows:
“Writs of error and of certiorari in criminal actions are abolished, and hereafter the only mode of reviewing a judgment or order in a criminal action is that prescribed by this chapter.”
This section is plainly fatal to appellants’ contention here, and the order of the Circuit Court is therefore affirmed. Affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 20 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.