In re Terry

Citations

• 71 Kan. 362
• 80 P. 586
• 1905 Kan. LEXIS 145

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Habeas Corpus — Jurisdiction. Habeas corpus will not lie to inquire into the legality of a warrant or commitment issued from a court of competent jurisdiction before final trial and judgment.</p> <p>2. Practice, Justice’s Court — Postponement of Sentence. The fact that a justice of the peace postpones for a brief time the sentence of one who has pleaded guilty to a criminal charge in his court does not defeat his jurisdiction, nor deprive him of power to render judgment upon the plea of guilty.</p> <p>3. Habeas Corpus — Extent of Inquiry — Collateral Attacks. A judgment of conviction, valid on its face, rendered by a court that has jurisdiction of the defendant and of the offense charged, cannot be opened up in a habeas corpus proceeding; nor can it be shown that the offense of which the defendant was convicted was committed in a county other than the one named in the charge; nor will irregularities in the trial, or informalities in the docket entries of the* justice, justify a discharge of the defendant in such a proceeding.</p>