Hamlin v. State

Citations

• 67 Kan. 724
• 74 P. 212
• 1903 Kan. LEXIS 320

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>1. Cobam Nobis — When Not Available. A writ of error eoram nobis is not available to review an adjudicated issue of fact where the error, if any, was open to correction upon a motion for a new trial or upon appeal to a higher court.</p> <p>2. -False Statements by Jurors Insufficient. The writ will not lie from a'decision in a criminal prosecution holding members of a jury to be qualified, although it is alleged that the jurors made false statements as to their qualifications, and also that defendant had no knowledge of their prejudice against him until long after the motion for a new trial had been made and overruled.</p>