In re Casey

Citations

• 27 Wash. 686
• 68 P. 185
• 1902 Wash. LEXIS 441

Syllabus

<p>HABEAS CORPUS-COMMITMENT UNDER ERRONEOUS JUDGMENT-REMEDY BY APPEAL.</p> <p>The action, of a justice of the peace in fining the accused, upon the failure of the jury to fix his punishment, when, under Bal. Code, § 6669, the jury was charged with the duty of assessing the punishment for any prisoner whom they might find guilty, although erroneous, was not void, where the justice had jurisdiction of the .person and the subject-matter; and habeas' corpus will not lie to secure the prisoner’s release from commitment under such erroneous judgment, but the proper remedy is by ap■peal.</p>