State v. Thorne
| Decision Date | 02 August 1951 |
| Docket Number | No. 31607,31607 |
| Citation | 234 P.2d 528,39 Wn.2d 63 |
| Court | Washington Supreme Court |
| Parties | STATE, v. THORNE. |
James Tynan, John M. Warnock, Everett, for appellant.
Philip Sheridan, C. P. Brownlee and Harold J. Hall, all of Everett, for respondent.
This is an appeal from an oral ruling of the Superior Court of Snohomish County denying a motion to vacate a judgment and conviction and quashing an order to show cause, and is a companion appeal to Thorne v. Callahan, Wash., 234 P.2d 517.
The appellant in this case was charged by information with the crime of carnal knowledge of his eight-year-old daughter. To this information, the appellant pleaded 'guilty' upon arraignment and was sentenced to life imprisonment at the Washington State Penitentiary.
The formal judgment, sentence and commitment was entered in this cause on June 5, 1950. Thereafter on June 15, 1950, while lodged in the jail of King County enroute to the state penitentiary, petition for a writ of habeas corpus was filed, alleging a violation of appellant's constitutional rights and an alternative writ of habeas corpus was granted. After a hearing thereon, a formal order quashing the writ was signed by that court.
July 15, 1950, the appellant filed a motion to vacate the judgment and sentence of Snohomish County. An order to show cause was issued and the respondent filed its answer, making a general denial and alleging as an affirmative defense a plea of res adjudicata and estoppel by judgment based upon the proceedings in the Court of King County. The motion was heard on July 24, 1950, at the conclusion of which the court orally denied the motion to vacate and quashed the order to show cause, whereupon appellant gave oral notice of appeal. No other notice of appeal was subsequently given. Thereafter, on the 31st of July, 1950, a formal order was signed and entered denying the motion to vacate and quashing the order to show cause. The respondent moved in this court for a dismissal of the appeal, basing its motion on the ground that the appeal had been prematurely taken.
Rem.Rev.Stat. § 1716, relating to appeals to this court, provides:
'Any party aggrieved may appeal to the supreme court in the mode prescribed in this title from any and every of the following determinations, and no others, made by the superior court, or the judge thereof, in any action or proceeding.
'(1) From the final judgment entered in any action or proceeding * * *.'
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State v. Gissel
...State v. Morris, 69 N.M. 89, 364 P.2d 348 (1961), citing State v. McClain, 186 Tenn. 401, 210 S.W.2d 680 (1948) and State v. Thorne, 39 Wash.2d 63, 234 P.2d 528 (1951). See also United States v. Mathews, 462 F.2d 182 (3rd Cir.1972); State v. Johnson, 18 Ariz.App. 474, 503 P.2d 829 (1973); P......
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Thorne v. Callahan, 31613
... ... Thorne or the prisoner), was then in custody in the King county jail at Seattle pursuant to a judgment and sentence of the superior court for Snohomish county, entered June 5, 1950, finding and adjudging Thorne guilty of the crime of carnal knowledge, and sentencing him to confinement in the state penitentiary for the term of his natural life ... The petitioner alleged that Thorne's restraint was illegal, in that he had been deprived of his rights under the constitution of the state of Washington and the constitution of the United States; that he had been arrested June 3, ... ...
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