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State v. Rathie

State v. Rathie, 200 P. 790 (Or. 1921)
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Court
Oregon Supreme Court · State Highest Courts
Decided
September 20, 1921
Judges
McBride
Citations
200 P. 790101 Or. 3681921 Ore. LEXIS 168
Disposition
Aepirmed.
Headnotes
Criminal Law — Coram Nobis Defined. 1. A writ of coram nobis is a writ of error issued out of a court of competent jurisdiction, directed to' the judges of a court of record in which a final judgment has been given, and commanding them in some eases 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. Criminal Law — No Review by Means of Writ of Error Coram Nobis. 2. Nothing can be brought up for review in an appellate court in a criminal proceeding by a writ of error coram nobis, all writs of error and certiorari being abolished by Section 1(603, Or. L. 1. When writ of coram nobis will issue, see notes in Ann. Cas. 1915A, 1287; 10 A. L. R. 214; 10 A. L. R. 648.
Summary
From Umatilla: Gilbert W. Phelps, Judge. In Bane. The defendants were convicted in the Circuit Court of Umatilla County of the crime of murder in the first degree, and sentenced to death, from which judgment they appealed to this court, where the judgment was affirmed. While a petition for rehearing was pending they attempted to sue out a writ of error coram nobis in the Circuit Court of Umatilla County, where upon a hearing the proceeding was dismissed. From such order of dismissal they appeal here.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McBride

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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

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1922: 11923: 11925: 11926: 31928: 11931: 11938: 11939: 11945: 11952: 11953: 11956: 11961: 11972: 11974: 11975: 11990: 12020: 119222026peak 1926 · 3

Relies on it most ⓘ

  1. State v. Huffman297 P.2d 831 (Or. 1956)
  2. Huffman v. Alexander253 P.2d 289 (Or. 1952)
  3. State v. Hecker221 P. 808 (Or. 1923)
  4. Lamb v. State of Florida107 So. 535 (Fla. 1926)
  5. State v. Bouse264 P.2d 800 (Or. 1953)
  6. State v. Douglas800 P.2d 288 (Or. 1990)

Most recent

  1. Dorn v. Three Rivers School Dist.473 P.3d 122 (Or. Ct. App. 2020)
  2. State v. Douglas800 P.2d 288 (Or. 1990)
  3. Smith v. Durant534 P.2d 955 (Or. 1975)
  4. State v. Griffin529 P.2d 399 (Or. Ct. App. 1974)
  5. State v. Spunaugle504 P.2d 756 (Or. Ct. App. 1972)
  6. Application of Oklahoma Industrial Finance Auth.1961 OK 66, 360 P.2d 720

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.

Authorities cited 0

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