In re Miller

Citations

• 97 Kan. 809
• 156 P. 783
• 1916 Kan. LEXIS 402

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Habeas Corpus — Arrest Under City Ordinance — Case Pending — Habeas Corpus Not the Proper Remedy. The purposes for which the writ of habeas corpus may be issued and the methods of obtaining the remedy may be regulated to some extent by statute, and under our statutory provision regulating the use of the writ it will be denied to one who has been arrested and is held for trial upon a complaint in a court of competent jurisdiction where the ordinary remedies are available to him and where the questions as to the validity of an ordinance and the legality of his arrest may be promptly determined.</p> <p>2. Same — Arrested on View — Written Complaint Filed. The statutory restriction to the effect that the writ shall not be issued when the person has been arrested and is held upon a warrant or commitment issued from a court of competent jurisdiction uppn an indictment or information applies to a case where the person was arrested while engaged in the commission of an alleged offense and where a written complaint is promptly filed in the court as the statute authorizing such an arrest provides.</p>