State v. Rathie

Decided September 20, 1921

Oregon Supreme Court · decided 1921-09-20

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.

Good law ✅— No negative treatment on recordhow we know

Aepirmed · Decided 1921-09-20

How this case has been cited

Cited by 5 later decisions — most recently March 1961

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McBRIDE, J.

¶11,2. 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.

¶2By 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.”

¶3This section is plainly fatal to appellants’ contention here, and the order of the Circuit Court is therefore affirmed. Affirmed.