Kuhn v. State
| Decision Date | 25 July 1929 |
| Citation | 123 So. 755,98 Fla. 206 |
| Parties | KUHN v. STATE. |
| Court | Florida Supreme Court |
Error to Criminal Court of Record, Hillsborough County; W. Raleigh Petteway, Judge.
Criminal prosecution by the State against Arden Kuhn. The latter, by his next friend and attorney, Wm. C. Pierce, applied for a writ of error coram nobis for the purpose of having set aside an alleged judgment of conviction, and a demurrer to the petition was sustained, and petitioner brings error.
Writ of error dismissed.
Syllabus by the Court
Judgment in criminal case was not effective, where it contained no adjudication by court of defendant's guilt of crime charged. Judgment in criminal case was not valid or effective, where it contained no adjudication by court of defendant's guilt of crime charged.
Where another remedy exists, writ of error coram nobis should not be granted. Where another remedy exists, writ of error coram nobis should not be granted.
To authorize writ of error coram nobis for setting aside of judgment theretofore rendered against petitioner, it must appear judgment attacked was prima facie valid. In order to authorize a writ of error coram nobis for the setting aside on appropriate grounds of judgment theretofore rendered against petitioner, it must be made to appear that judgment attacked was prima facie, at least, a valid and effective one.
Sustaining demurrer to petition for writ of error coram nobis held harmless, where judgment was invalid and petitioner had other remedies. Sustaining of demurrer to petition for writ of error coram nobis for purpose of setting aside the judgment of conviction held harmless, where judgment complained of was invalid and petitioner had other remedies, even though such point was not raised by demurrer.
Zewadski & Pierce, of Tampa, for plaintiff in error.
Fred H Davis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.
Plaintiff in error made application to the criminal court of record of Hillsborough county for writ of error coram nobis for the purpose of having set aside an alleged judgment of conviction of a criminal offense, rendered by said courts, on the ground that plaintiff in error was insane at the time of his trial and conviction, which fact was not then known to court or counsel. The court sustained a demurrer to the petition for the writ, and petitioner took writ of error. It appears from the record that the judgment thus...
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... ... [128 So. 2] ... [99 ... Fla. 1033] Edwin R. Dickenson, of Tampa, for plaintiff in ... Fred H ... Davis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for ... the State ... OPINION ... ANDREWS, ... Plaintiff ... in error, also Naomi Kuhn and Arden Kuhn, were convicted in ... the Criminal Court of Record of Hillsborough County upon an ... information charging them jointly with robbing Philip ... Lavatiatta, while they, the said defendants, were armed with ... a dangerous weapon; and each was sentenced to three years in ... ...
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Kinsey v. State
...remedy exists, as we shall later repeat in defining its scope, it is imperative that the judgment appear prima facie valid. Kuhn v. State, 98 Fla. 206, 123 So. 755. It may be said, generally, that this is the proper method of presenting matters not of record which would evidence the voidnes......