Dukes v. State

Citations

• 81 Fla. 247
• 88 So. 474

Syllabus

<p>1. Habeas corpus is not designed to take tbe place of a writ of error. It is not the function of this writ to bring in review any irregularity, or mere error of procedure committed by a judicial tribunal having jurisdiction of the cause and the person, and under whose final judgment a party claiming to be unlawfully restrained of his liberty may be held.</p> <p>2. Habeas corpus is not a remedy for relief against indictments charging criminal offenses defectively or inartifieially, though it is a remedy where an indictment charges as an offense an act that, at the time of its commission, the law did not make criminal. In the former case the detention of the accused is not without jurisdiction, while in the latter, it is held to be without jurisdiction to arrest, try or punish a person for an act that is not made penal by any law.</p>