Knewel v. Egan, 268 U.S. 442 (1925)

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Knewel v. Egan

No. 622

Argued April 20, 1925
Decided May 25, 1925
268 U.S. 442

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF SOUTH DAKOTA

Syllabus

1. A sentence of a state court in a criminal case cannot be reviewed by habeas corpus in the federal court upon the ground that the information was insufficient as a pleading. P. 445.

2. Nor upon the ground that the information failed to allege venue, and that the state court denied the relator a constitutional right by holding the defect to have been waived under a state statute by failure to demur. P. 446.

3. Where a sheriff appealed to this Court from a judgment of the district court in habeas corpus discharging a state prisoner from his custody, and after going out of office, in collusion with the prisoner, moved a dismissal of the appeal, held that the motion should be denied, and that motions of the sheriff’s successor to be substituted and of the state to intervene should be granted. P. 447.

298 F. 784, reversed.

Appeal from a judgment of the district court in habeas corpus, discharging the appellee from custody of the appellant as sheriff.