State ex rel. Irvine v. District Court of Fourth Judicial Dist. in and for Lake County, 9102
| Decision Date | 18 July 1951 |
| Docket Number | No. 9102,9102 |
| Citation | 125 Mont. 247,235 P.2d 662 |
| Parties | . Supreme Court of Montana |
| Court | Montana Supreme Court |
James Hugh Irvine, pro se.
Coram Nobis. The petitioner James Hugh Irvine, and inmate of the state prison having filed with the clerk of this court a petition representing that while an Indian ward of the United States government he was convicted in the district court of Lake county of having committed the crime of burglary alleged to have been committed in Indian country and challenging the jurisdiction of the said state district court in seeking release on jurisdictional grounds. It would appear that relator's petition should have been filed in the office of the clerk of the district court of Lake county at Polson, Montana and by him called to the attention of the presiding judge thereof.
Now Therefore It Is Ordered that the petitioner Irvine and the Attorney General be informed by letter of such transfer. See State v. Hales, Mont., 230 P.2d 960; State v. Pepion (Tatsey) Mont., 230 P.2d 961.
It Is So Ordered.
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State ex rel. Irvine v. District Court of Fourth Judicial Dist. in and for Lake County
...the state district court wherein the information was filed and the judgment of conviction entered. See State ex rel. Irvine v. District Court of, etc., Lake County, Mont., 235 P.2d 662. Following the transfer a hearing was had on August 7, 1951, before the district court on relator's petiti......
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State v. Dumont, 10025
...district court of the county in which the judgment was rendered. State v. Hales, 124 Mont. 614, 230 P.2d 960; State ex rel. Irvine v. District Court, 125 Mont. 247, 235 P.2d 662. It is ordered that the petition be forwarded to the clerk of the District Court of Roosevelt County, Montana, an......
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State v. Wilson
...district court of the county in which the judgment was rendered. State v. Hales, 124 Mont. 614, 230 P.2d 960; State ex rel. Irvine v. District Court, 125 Mont. 247, 235 P.2d 662. It is ordered that the petition be forewarded to the clerk of the District Court of Roosevelt County, Montana, a......
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Butler v. State, 10344
...recognize the writ of error coram nobis in this jurisdiction. See State v. Hales, 124 Mont. 614, 230 P.2d 960; State ex rel. Irvine v. District Court, 125 Mont. 247, 235 P.2d 662. The jurisdiction of a writ of error coram nobis is in the court which rendered judgment, and in which the recor......