Yutze v. Copelan

One question presented by this record is whether a writ of habeas corpus will lie to test the constitutionality of an ordinance in favor of one who has been convicted of its violation. Upon this question there is a contrariety of opinion ■ in the various state jurisdictions. The text in 29 Corpus Juris, p. 35, and 12 Ruling Case Law, p. 1199, states that the weight of authority supports the rule that a court on habeas corpus proceedings may inquire into the constitutionality of a statute under which the petitioner has been convicted, and that if the statute proves to be unconstitutional the…