Chemgas v. Tynan
Supreme Court of Colorado
Original application for writ of habeas corpus. Petitioner John Chemgas, alleges that he was unlawfully convicted in the district court' of the city and county of Denver, and sentenced to the penitentiary on the following information: “State op Colorado, City and County op Denver. In the District Court, Second Judicial District. The People op the State op Colorado v. Peter Horons & John Chemgas.
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Original application for writ of habeas corpus. Petitioner John Chemgas, alleges that he was unlawfully convicted in the district court' of the city and county of Denver, and sentenced to the penitentiary on the following information: “State op Colorado, City and County op Denver. In the District Court, Second Judicial District. The People op the State op Colorado v. Peter Horons & John Chemgas. Comes now Willis V. Elliott, district attorney within and for the second judicial district in the state of Colorado and in the name and by the authority of the People of the State of Colorado informs…
1Opinion of the CourtJustice Garrigues
This is a collateral attack upon the judgment of the district court. If the court had jurisdiction to pronounce judgment, it cannot be reviewed on habeas corpus. If the court had no jurisdiction to pronounce the same, it may be disregarded on habeas corpus. After conviction, however illegal or erroneous, if the •court acted within its jurisdiction, the judgment can not be set aside on habeas corpus. This principle of' •collateral attack, runs through both the civil and criminal law.
The contention of the petitioner is, that the complaint charges no offense; hence it is a void proceeding, and…
2Cases cited7 opinions
- Shields v. ColemanSupreme Court of the United States · 1895
- Caples v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. . PetersSupreme Court of North Carolina · 1890
- State v. . KirkmanSupreme Court of North Carolina · 1889
- People ex rel. Attorney General v. District CourtSupreme Court of Colorado · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Woolsey v. BestSupreme Court of the United States · 1936
- White v. StateCourt of Criminal Appeals of Oklahoma · 1923
- People v. HunterSupreme Court of Colorado · 1983
- Bruce v. EastUtah Supreme Court · 1913