State v. Boyce

Citations

• 25 Wash. 422
• 65 P. 763
• 1901 Wash. LEXIS 409

Syllabus

<p>APPEALABLE ORDER — REFUSAL TO VACATE JUDGMENT AFTER AFFIRMANCE.</p> <p>Tbe action of the lower court in overruling a motion to vacate a final judgment, after its affirmance on appeal to the supreme 'court, is not an appealable order, under Bal. Code, § 6500, subd. 7, which provides that any party aggrieved may appeal from any final order made after judgment which affects a substantial right, since such second appeal would not raise any questions not passed upon, or which might have been passed upon, in the original appeal.</p> <p>SAME-JURISDICTION OF LOWER COURT TO MODIFY JUDGMENT AFTER AFFIRMANCE.</p> <p>Where a judgment of conviction has been affirmed on appeal and the lower court directed to carry out the judgment inflicting the death penalty, an order of the lower court overruling exceptions taken to its order for the issuance of the death warrant is not appealable.</p>