EX PARTE ROYALL
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W. L. Royall petitioned the Supreme Court for a writ of habeas corpus to challenge his detention in Virginia state custody, claiming the statute under which he was arrested violated the Constitution. The Court denied the petition, holding that even if it possessed power under existing legislation to discharge a person held under state court process, it should not exercise that power before trial on state criminal charges.
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. Mr. Justice Haelan delivered the opinion of the court.
This is an original application by "W. L. Rovall, to this court, for a writ of habeas corpus, directed to N. M. Lee, sergeant of the city of Richmond, Yirginia, commanding him to produce the body of the petitioner before this court, together with the cause of his detention, that he may be discharged from' the custody of said 'officer. The writ is asked upon the ground that the statute under which he was arrested and is held in custody is repugnant to the Constitution of the United States, and, consequently, that he is restrained of his liberty in violation of that instrument. The petition was filed here on the 1st day of-December, 1884. It states the same facts as are set out in the petition in Ex parte Royall No. 1, and Ex parte Royall No. 2, ante, 241, just determined.
The application for the writ must be denied. It is sufficient to say that if this court has power, under existing legislation, and upon habeas corpus, to discharge the petitioner, who is in custody, under the process of a State court of original jurisdiction, for trial on an indictment charging him with an offence against the laws of that State — upon which it is not necessary to express an opinion — such power ought not, for the reasons given in the other cases just decided, to be exercised in advance of his trial.
Denied.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Ex parte Hudgings, 249 U.S. 378 (U.S. 1919)…of such a character as to be an exception to the rule of procedure, that other available sources of judicial power may not be passed by for the purpose of obtaining relief by resort to the original jurisdiction of this court. Ex parte [*380] Royal, 117 U. S. 254; Riggins v. United States, 199 U. S. 547; Glasgow v. Moyer, 225 U. S. 420, 428; Johnson v. Hoy, 227 U. S. 245; Jones v. Perkins, 245 U. S. 390; Re Mirzan, 119 U. S. 584; Re Huntington, 137 U. S. 63. Whether, however, definitively the case is of such…
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New York v. ENO, 155 U.S. 89 (U.S. 1894)…ted States, Hoyall made an original application to this court for a writ of habeas corpus based upon the same facts as those set forth in the other petitions. The application was denied upon the grounds stated in the previous cases. Ex parte Royall, 117 U. S. 254. At the same term of this court, Ex parte Fonda, 117 U. S. 516, 518, was determined. That was an original application to this court for a writ of habeas corpus by one w7ho was a clerk in a national bank, and who alleged in his petition that [*96] h…
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In re Lincoln, 202 U.S. 178 (U.S. 1906)…as corpus in the Circuit Court of the United States praying release from that custody; The Circuit Court refused to order his discharge, and from its ruling he appealed, and at the same time filed an original petition in this court. Ex parte Royall, 117 U. S. 254. The question was fully considered and it was held that while the Federal courts, Circuit and Supreme, had jurisdiction in the premises, there was a discretion whether in any casé a writ should be issued, Mr. Justice Harlan speaking for the court, s…
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- Barry v. Edmunds, 116 U.S. 550 (U.S. 1886)
- Sands v. Edmunds, 116 U.S. 585 (U.S. 1886)