Ex parte Prince

Citations

• 27 Fla. 196

Syllabus

<p>1. Habeas corpus does not lie to correct mere irregularity of procedure, where there is jurisdiction. There must be illegality or want of jurisdiction.</p> <p>2. Habeas corpus is not a remedy for relief against indictments charging criminal offenses defectively or inartiñcially, though it seems to be a remedy where an indictment charges as an of-fence an act which, 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, though in the latter it is held to be so on the ground that there is no law punishing the act.</p> <p>8. Where a statute punishes the larceny of “any money * * or any banknote,” and an indictment charges the larceny of “divers bills, commonly known and denominated as National currency of the United States of America, of divers denomination,” giving their denomination and value, the sufficiency of the indictment cannot be inquired into by habeas corpus.</p> <p>4. Greenbacks are “money,” and National bank bills are “banknotes,” within the meaning of the statute punishing the larceny of any “money * * * or any banknote.” •</p>