In re Davis

Citations

• 23 Idaho 473
• 130 P. 786
• 1913 Ida. LEXIS 75

Syllabus

<p>Power of Court on Habeas Corpus — Complaint on Information ano Belief — Process Regular on Its Face.</p> <p>1. See. 8353 of the Revised Codes of this state, in prescribing the duties of a court or judge upon a hearing on return to a writ of habeas corpus, provides, among other things, as follows: “The court or judge, if the time during whieh such party may be legally-detained in custody has not expired, must remand such party, if it appears that he is detained in custody, .... by virtue of the final judgment or decree of any competent court of criminal jurisdiction, or of any process issued upon such judgment or decree.”</p> <p>2. Where a return to a writ of habeas corpus shows that the petitioner is detained by the chief of police of Boise City in the city jail thereof, under and by virtue of a commitment issued by the police magistrate of Boise City, which commitment is in due form, regular on its face, and recites that the prisoner has been convieted of the violation of a city ordinance and sentenced to imprisonment, held, that under the provisions of sec. 8353 of the Rev. Codes, it is the duty of the court to remand the prisoner, and that the court has no authority to go back of the commitment or process on which the prisoner is held and examine the sufficiency' of a complaint upon which the prisoner was tried, or the validity and regularity of a warrant that was issued thereon and upon which the prisoner was arrested in the first instance.</p> <p>3. Habeas corpus cannot be resorted to or employed as an appellate remedy, or for the purpose of reviewing or correcting errors.</p> <p>4. Errors committed in the ruling upon the sufficiency of a criminal complaint or upon the legality or regularity of a warrant of arrest and errors committed upon the trial in a criminal case must be reviewed and corrected on appeal, and cannot be availed of by the defendant on habeas corpus.</p>