IN RE LANCASTER, PETITIONER

U.S. | 1890-12-05
137 U.S. 393 Supreme Court of the United States (1890) Positive Treatment
Also reported at: 34 L. Ed. 713 · 11 S. Ct. 117 · SCDB 1890-043 · 1890 U.S. LEXIS 2098
Cited by 20 cases
Opinion of the Court
Mr. Chief Justice Fuller

Mr. Chief Justice Fuller delivered the opinion of the court.

The petitioners were indicted under sections 5508 and 5509 of the Revised Statutes, on the 20th of November, 1890, in the Circuit Court for the Southern ‘District of Georgia, and have been taken into custody. They have not invoked the action of the Circuit Court upon the sufficiency of the indictment by a motion to quash or otherwise, but ask leave to file in this court a petition for a writ'of habeas corpus, upon the ground that the matters and things set forth and charged do not constitute any offence or offences under the laws of the United States, or cognizable in the Circuit Court, and that for other reasons the indictment cannot be sustained. In this posture of the case we must decline to interfere.

The application for leave to file the petition is

Denied.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lewis P. Williams P v. State (Fla. 4th DCA 2022)
    …he law seems to be that habeas corpus does not lie where other means of liberation, other than appellate process, can be had. 3 Ene. L., 2d Ed., Note 1 p. 656; 21 Cyc. 287; Mann v. Parks, 16 Grat, 443; Com. v. Lecky, 26 Am. Dec. 37; In Re Lancaster, 137 U. S. 393; Patterson v. State, 49 N. J. L. 326. But we should not require the petitioner to go first to 'the circuit court, unless we hold that that court has power to bail him. Therefore, we must inquire whether that court has power to bail him until the de…
  • Pierce v. Creecy, 210 U.S. 387 (U.S. 1908)
  • In re Lincoln, 202 U.S. 178 (U.S. 1906)
    …e correction of errors in criminal cases is by writ of error, and that method should be pursued unless there be special circumstances calling for a departure therefrom. Ex parte Mirzan, 119 U. S. 584; In re Huntington, 137 U. S. 63; In re Lancaster, 137 U. S. 393; In re Chapman, 156 U. S. 211; Riggins v. United States, 199 U. S. 547. Several of these cases, it is true, were applications for habeas corpus prior to final decisions iti the lower courts, and the refusal of the writs was based partly, at least, u…

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