In re Nolan

Citations

• 21 Wash. 395
• 58 P. 222
• 1899 Wash. LEXIS 297

Syllabus

<p>HABEAS CORPUS-CONVICTION UNDER VOID ACT.</p> <p>The fact that an amendment of tbe statute defining rape was declared unconstitutional, subsequent to tbe conviction of a person charged with tbe crime under tbe provisions of the amendment, would not warrant bis release on habeas corpus, since tbe original statute would be left in force through tbe invalidity of tbe amendment and tbe court accordingly having jurisdiction of the person and tbe subject matter its decision could be attacked only on appeal, and not collaterally by habeas corpus proceedings.</p>