[DOWNLOAD] "State Ex Rel. Emmert v. Hamilton Circuit" by Supreme Court Of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Emmert v. Hamilton Circuit
- Author : Supreme Court Of Indiana
- Release Date : January 29, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In the court where he was tried and convicted of murder 20 years ago, David C. Stephenson asserts by a pleading, denominated a petition for writ of error coram nobis, that he should now have another trial. Relators are aware of the difficulties of marshalling in 1945 evidence to prove facts that existed and were susceptible of proof in 1925. They fear the possibility of an erroneous ruling by respondent court resulting in the unwarranted release of a guilty convict. Alleging that the State has no other adequate protection against misuse of the writ of error coram nobis, relators ask us to exercise in an unprecedented manner a strong arm of this court, namely, a writ of prohibition. The use of one of two extraordinary remedies is thus sought to prevent the anticipated abuse of the other. Each has its proper function. Neither should be perverted.
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