Baker v. Grice

Citations

• 169 U.S. 284
• 18 S. Ct. 323
• 42 L. Ed. 748
• 1898 U.S. LEXIS 1492

Syllabus

<p>While Circuit Courts of the United States have jurisdiction, under the circumstances set forth in the statement of the case (below), to issue a writ of habeas corpus, yet those courts ought not to exercise that jurisdiction, by the discharge of a prisoner, unless in cases of peculiar urgency, but should leave the prisoner to be dealt with by the courts of the State; arid even after a final determination of the case by those courts should ordinarily leave the prisoner to his remedy by writ of error from this court.</p> <p>Upon the facts appearing in this case no sufficient case was made out for the exercise of the jurisdiction of the Circuit Court by the issue of a ■ writ of habeas corpus to take the prisoner out of the custody of the state court.</p> <p>It is the rule.of courts, both state and Federal, not to decide constitutional questions until the necessity for such decision arises in the record before the court.</p>