Glasgow v. MoyerAnnotate this Case
225 U.S. 420 (1912)
U.S. Supreme Court
Glasgow v. Moyer, 225 U.S. 420 (1912)
Glasgow v. Moyer
Argued May 13, 1912
Decided June 7, 1912
225 U.S. 420
The writ of habeas corpus cannot be made to perform the office of writ of error.
The rule that, on habeas corpus, the court examines only into the power and authority of the court restraining the petitioner to act, and not the correctness of it conclusions, Matter of Gregory,219 U. S. 210, applies where the petitioner attacks as unconstitutional or as too uncertain the law which is the foundation of the indictment and trial.
Where the court below has remitted the petitioner to his remedy on writ of error, it would be a contradiction to permit him to prosecute habeas corpus.
A defendant in a criminal case cannot reserve defenses which he might make on the trial and use them as a basis for habeas proceedings to attack the judgment after trial and verdict of guilty. It would introduce confusion in the administration of justice.
The facts are stated in the opinion.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.