VAN METER
v.
SNOOK, WARDEN, ETC.
This is an appeal from an order denying a discharge under a writ of habeas corpus. The attack on the judgment of conviction under which appellant was held was based on the action of the trial court in overruling a plea of former conviction; that court’s jurisdiction of the offense charged and of the appellant not being impeached.
[1,2] The ground of attack on the judgment being a mere asserted error of the trial court in ruling on- a matter set up as a defense, that action of the trial court is not subject to be reviewed on habeas corpus. Ex parte Bigelow, 113 U. S. 328, 5 S. Ct. 542, 28 L. Ed. 1005; In re Eckart, Petitioner, 166 U. S. 481, 17 S. Ct. 638, 41 L. Ed. 1085; 2-9 C. J. 45. If the attacked ruling was erroneous, the error did not have the effect of rendering the judgment of conviction a nullity.
The order is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Clawans v. Rives, 104 F.2d 240 (D.C. Cir. 1939)
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Capone v. Aderhold, 65 F.2d 130 (5th Cir. 1933)
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Vicente Navarrette-Navarrette v. Landon, 223 F.2d 234 (9th Cir. 1955)
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ex parte Bigelow, 113 U.S. 328 (U.S. 1885)
- In re Eckart, 166 U.S. 481 (U.S. 1897)