Ex parte Gibson

Citations

• 31 Cal. 619

Syllabus

<p>Commitment to State Prison.—A commitment to the State Prison on conviction and sentence for a felony, should consist of a certified copy of the judgment as entered in the minutes of the Court.</p> <p>Idem.—A commitment to the State Prison which does not contain a certified copy of the judgment as entered in the minutes of the Court, hut which consists only of a history of the proceedings against the prisoner, is not merely defective, hut is wholly unknown to the laws of this State.</p> <p>When Prisoner will Vbe Remanded.—If it appears on habeas corpus that the commitment to the State Prison-under which the prisoner is held, is void, and if it further appears that there is a valid judgment of imprisonment against the petitioner, rendered by a competent Court of criminal jurisdiction, of which a certified copy can be obtained, the Court or Judge will order the prisoner to he retained until a certified copy of the judgment has been obtained, or until a reasonable time has been allowed for that purpose, and then, if obtained, remand him.</p> <p>Errors reached by Habeas Corpus.—A prisoner, committed on final process, will not be discharged on habeas corpus, by reason of defects in the judgment, unless the judgment is absolutely void. Mere errors, however flagrant, which only render a judgment voidable, cannot be inquired into under this writ.</p> <p>Voidable Judgment.—An error which will render a judgment in a criminal case voidable, only, is the want of adherence to some prescribed rule or mode of proceeding in conducting the action or defense.</p> <p>Void Judgments.— An illegality which renders a judgment in a criminal case void, is such an illegality as is contrary to the principles of law as distinguished from rules of procedure.</p> <p>Judgment in Criminal Case.—An entry of a judgment, in a criminal case, in the minutes of the Court, ought to show that all the acts required by the statute to be done up to that stage of the case have been performed.</p> <p>Idem.—W