United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte Royall, 117 U.S. 254 (1886)

Ex Parte Royall

Argued December 1, 1884

Decided March 1, 1886

117 U.S. 254

Syllabus

The petitioner prayed for a writ of habeas corpus on the ground that the state statute under which he was arrested and held in custody was repugnant to the Constitution of the United States. Held that without deciding whether the Court has power under existing legislation and on habeas corpus to discharge a prisoner held in custody under process of a state court of original jurisdiction for trial on an indictment charging him with an offense against the laws of that state, such power ought not, for reasons given in Ex Parte Royall, ante, 117 U. S. 241, to be exercised in advance of his trial.

This was an original petition for a writ of habeas corpus. The proceedings were founded upon some of the legislation of the Virginia respecting the receipt of coupons by the state in payment of taxes which is considered in Antoni v. Greenhow, 107 U. S. 769; The Virginia Coupon Cases, 114 U. S. 269; Barry v. Edmunds, 116 U. S. 550; Royall v. Virginia, 116 U. S. 572; Sands v. Edmunds, 116 U. S. 585, and Ex Parte Royall, ante, 117 U. S. 241. The case is stated in the opinion of the Court.

Page 117 U. S. 255