In re Miller

Citations

• 129 Wash. 538
• 225 P. 429
• 1924 Wash. LEXIS 780

Syllabus

<p>Criminal Law (426) — Appeal—Review—Waiver of Error. An objection that a conviction was by a jury that was improper because not empanelled within the time required by law is waived by not raising it on appeal.</p> <p>Jury (56) — Competency-—Husband and Wife. Error cannot be assigned on the fact that the jury contained a husband and wife.</p> <p>Habeas Corpus (3) — Nature op Restraint. Release on habeas corpus cannot be sought by a prisoner claiming the illegality of cumulative sentences, where he has not yet served the sentence which he admits was legally imposed.</p> <p>Same (11) — Jurisdiction—Appellate Courts — Discretion. The supreme court will not grant a writ of habeas corpus except in cases involving interest of the state at large or of public interest, or where there is no other remedy; this being within the discretion of the court, in view of the concurrent jurisdiction of the superior courts.</p> <p>Same (8-1) — Grounds for Relief — Correction of Error — Criminal Sentence. Habeas corpus does not lie to review or correct error.</p>