In Re Lane

Citations

• 135 U.S. 443
• 10 S. Ct. 760
• 34 L. Ed. 219
• 1890 U.S. LEXIS 2030

Syllabus

<p>This court can issue a writ of habeas corpus in the exercise of its original jurisdiction only when the inferior court has acted without jurisdiction, or when it has exceeded its powers to the prejudice of the party seeking • relief.</p> <p>At the time when the indictment in this case was found Oklahoma was not a territory with an organized system of government, in the sense in which the word “ territories ” is used in the act of February 9, 1889, 25 Stat. 658, § 120.</p> <p>An indictment -was so .framed as to permit it to be construed as charging the common law offence of rape, (as it alleged the carnal knowledge to have been without the consent of the woman,) or the statutory offence, (Act of Feb. 9, 1889, 25 Stat. 658, c. 120) of carnally and unlawfully knowing a female under sixteen years of age, (as -it alleged that the woman was under sixteen years of age). It was not signed by the District Attorney of the United States. No motion was made to compel the prosecuting attorney to elect on which charge he would try the prisoner. The court instructed the jury that the allegations respecting the will of the woman might be rejected as surplusage, and the rest of the indictment be good under the statute. The jury . found the prisoner'guilty .of the statutory offence, and judgment was entered accordingly ; JBeld,</p> <p>(1) That there was no error in the ruling of the court;</p> <p>(2) That this conviction could he set up against a pending indictment for the same offence, charged to have been committed in violation of the statute;</p> <p>(3) That the signature of the District Attorney to the indictment was not necessary;</p> <p>(4) That it was immaterial whether there was or was not error in any of these matters, as none went to the jurisdiction.</p>