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· 4/12/1920

In re Gamaya

Citations

  • 25 Haw. 414
  • 1920 Haw. LEXIS 49

Syllabus

<p>Habeas Corpus — errors and irregularities not to Be reviewed l>y.</p> <p>It is well settled that a writ of habeas corpus will not be permitted to perform the functions of a writ of error or appeal for the purpose of reviewing errors or irregularities in proceedings of a court having jurisdiction over the person and the subject-matter.</p> <p>Same — same.</p> <p>Where the evidence is insufficient to support a verdict finding a defendant guilty of a crime the conviction would be voidable but not void and the defendant’s remedy would be by exception or error.</p> <p>Same — same.</p> <p>The writ of habeas corpus will not issue unless the court under whose warrant the prisoner is held is without jurisdiction. The writ cannot be used to correct errors.</p>

Judges: Coke, Edings, Kemp

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