Craig v. Hecht, 263 U.S. 255 (1923)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 263 U.S. 250, click here.

Craig v. Hecht


No. 82


Argued October 17, 1923
Decided November 19, 1923
263 U.S. 255

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. A circuit judge, as such, has no power to grant the writ of habeas corpus. P. 271.

2. A final order discharging a petitioner in habeas corpus, made at chambers by a circuit judge exercising by designation the power of the district court, or by a district judge, is reviewable on appeal by the circuit court of appeals. P. 274.

3. In an ordinary contempt proceeding, the district court has jurisdiction to decide whether the evidence established an offense within the statute and whether the respondent was guilty as charged, and its order sentencing him to imprisonment is reviewable by appeal, and not by habeas corpus, which cannot be used as a substitute for appeal in the absence of exceptional circumstances. P. 277.

282 F. 138 affirmed.

Certiorari to a judgment of the circuit court of appeals reversing an order in habeas corpus which discharged the petitioner, Craig, from custody under a commitment issued by the district court in a contempt proceeding. The order of discharge was made by a circuit judge, assigned to the district court, who directed that it be recorded in that court.