Glasgow v. Moyer, 225 U.S. 420 (1912)

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Glasgow v. Moyer

No 1123
Argued May 13, 1912
Decided June 7, 1912
225 U.S. 420

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE NORTHERN DISTRICT OF GEORGIA

Syllabus

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.