Harlan v. McGourin

Citations

• 218 U.S. 442
• 31 S. Ct. 44
• 54 L. Ed. 1101
• 1910 U.S. LEXIS 2040

Syllabus

<p>The writ of habeas corpus cannot be used for purposes of proceedings in error; the jurisdiction under the writ is confined to determining . from the record whether the petitioner is deprived of his liberty without authority of law.. Hyde v. Shine, 199 U. S. 84; Greene v!' Henkel,-183 U. S. 249, distinguished.</p> <p>A collateral attack on the judgment under which petitioner in habeas corpus proceedings is detained is only permitted where the objections if sustained would render the judgment not erroneous but void.</p> <p>Under the statutes of the United States relative to the terms of the Circuit Court the term of court at which the petitioners were convicted was -properly held.</p> <p>Objections to the órder impanelling the grand jury on the ground that the judge was not in the district at the time, although within his circuit, must bo raised by proper pleas in the court of original jurisdiction; they, cannot be raised on habeas corpus after conviction.</p> <p>Objections that competent testimony was not presented to, or that the indictment'under which petitioner was convicted was not regularly found by, the grand jury, cannot be made for the first time in a habeas corpus proceeding. .</p> <p>Where, .the sentence exceeds the authority of the court at most only the excess will be void; the legal portion of the sentence cannot bo attacked on that ground in habeas corpus proceedings.</p>