Crooke v. Van Pelt

Citations

• 76 Fla. 20
• 79 So. 166

Syllabus

<p>1 Where habeas corpus is invoked to obtain the discharge of a person held in custody to answer a charge of crime, it must he shown that the Statute under which the charge is made is invalid or that the charge as made is not merely defective in its allegations, hut that it wholly fails to state an offence under the law.</p> <p>2. The writ of habeas corpus can not be used as a substitute for a motion to quash or a writ of error or an appeal.</p> <p>3. A criminal charge is not fatally defective because it does not allege defensive matter not a part of the definition of the offence charged.</p>