Kaizo v. Henry, 211 U.S. 146 (1908)

Kaizo v. Henry


No. 27


Argued October 29, 1908
Decided November 16, 1908
211 U.S. 146

ERROR TO THE SUPREME COURT
OF THE TERRITORY OF HAWAII

Syllabus

While a court of competent jurisdiction may discharge a prisoner held by another court which has exceeded its jurisdiction, even in such a case the prisoner may be remitted to his remedy by writ of error.

No court may properly release a prisoner under conviction and sentence of another court unless for want of jurisdiction of cause or person or some matter rendering the proceeding void.

Where a court has jurisdiction, mere errors cannot be corrected upon habeas corpus.

Disqualifications of grand jurors do not destroy jurisdiction if it otherwise exists, and the indictment, though voidable, is not void, and objections seasonably taken in the trial court if erroneously overruled must be corrected by writ of error, and not by proceedings in habeas corpus.

18 Haw. 28, 658 affirmed.

The facts are stated in the opinion.