In re Cica

Citations

• 18 N.M. 452
• 137 P. 598

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Tbe writ of babeas corpus is not a writ of error, nor does it, except when perverted, discharge tbe functions of a writ of error.</p> <p>P. 456</p> <p>2. Error or irreglarities in tbe course of tbe proceedings, at or anterior to tbe trial, which, if presented to an appellate court by way of appeal or writ of error, must necessarily result in tbe reversal of the judgment, are not sufficient, for that reason, as grounds for tbe release of a prisoner upon application for a writ of habeas corpus.</p> <p>P. 456</p> <p>3. As to jurisdictional questions, a judgment under which the prisoner is held is aided by the same presumptions as in ■other cases of collateral assault. If the record is silent as to jurisdictional facts, jurisdiction is presumed.</p> <p>P. 457</p> <p>4. A sentence is legal so far as it is within the provisions of law and the jurisdiction of the court over the person and the offense, and only void as to the excess, when such excess is separable and may be dealt with without disturbing the valid portion of the sentence.</p> <p>P. 460</p>