In re Hamilton

Citations

• 56 Wash. 405
• 105 P. 1046
• 1909 Wash. LEXIS 912

Syllabus

<p>Habeas Corpus — Correction of Errors — Jurisdiction—Force or Validity of Statutes — Right to Writ. Where the superior court having jurisdiction decided that the law defining the offense had not been repealed and was in force when the act was committed, the decision is within its jurisdiction, even if erroneous, and habeas corpus does not lie to correct the same or to secure a discharge of the prisoner, his remedy being by appeal from the final judgment.</p> <p>Same — Purpose of Writ — Relief Sought. A writ of habeas corpus should not issue for the purpose of giving the prisoner an immediate trial as to the legality of his imprisonment, where he was about to have an immediate trial in a court of competent jurisdiction; nor for the purpose of delaying such trial.</p>