191 Ind. 657 | Ind. | 1922
—The foundation for this appeal is a petition for the ancient writ coram nobis, which was denied by the trial court.
On November 28, 1919, the court, following the verdict of guilty by a jury, adjudged, that appellant, for the offense committed by him, be fined in the penal sum
A rehearing in criminal cases may be allowed as in civil cases. §2223 Burns 1914, Acts 1905 p. 584, §336; Ewbank, Criminal Law §680. A case pending on rehearing remains in the appellate court until final action thereon. Ewbank’s Manual §241; Elliott, Appellate Practice, §586; Railroad Co. v. McKinley (1878), 99 U. S. 147, 25 L. Ed. 272; Boynton v. Foster et al. (1844), 7 Metcalf 415. By an opinion quite recent in this court, the rule is quoted: “Where an appeal has been perfected, the jurisdiction of the appellate court over the subject matter and parties attaches, and the trial court has no power to render any further decision affecting the rights of the parties in.the cause until it is remanded.” Westfall v. Wait (1903), 161 Ind. 449, 68 N. E. 1009; 2 Ency. Pl. and Pr. 327. This court has given further reference to the matter by the following statement: “After the appellees had perfected their appeal, there could be no doubt that the case would have been entirely removed from the jurisdiction of the trial court.” State ex rel. v. Kolsem (1892), 130 Ind. 434, 14 L. R. A. 566, 29 N. E. 595.
Based upon the authorities above cited, it is the opinion of this court that there was no case pending in the court from which this appeal was taken at the time the application for the writ coram nobis was presented to the court, upon which it could rest; and that any acts
The petition for consolidation of the causes is denied.
Appeal dismissed.