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· 11/16/1908

Kaizo v. Henry

Citations

  • 211 U.S. 146
  • 29 S. Ct. 41
  • 53 L. Ed. 125
  • 1908 U.S. LEXIS 1532

Syllabus

<p>While a court of competent jurisdiction may discharge a prisoner held by another court which has exceeded its jurisdiction, even in such a case the prisoner may be remitted to his remedy by writ of error. No court may properly release a prisoner under conviction and sentence of another court unless for want of jurisdiction of cause or person or some matter rendering the proceeding void.</p> <p>Where a court has jurisdiction mere errors cannot be corrected upon habeas corpus.</p> <p>Disqualifications of grand jurors do not destroy jurisdiction if it otherwise exists, and the indictment though voidable is not void; and objections seasonably taken in the trial court if erroneously overruled must be corrected by writ of error and not by proceedings in habeas corpus.</p>

Judges: Moody

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