Ex parte Phillips
Mississippi Supreme Court
Appeal from a decision of Hon. J. A. Greek, Judge of the First District of Mississippi, dismissing a writ of habeas corpus and remanding the relator to custody. 1. The writ of habeas corpus may be employed in all cases of illegal confinement. Code 1871, § 1396; Donnell v. State, 48 Miss. 661. If the judgment were simply voidable, the remedy would be by writ of error to reverse it; but if void, the writ of habeas corpus can be properly employed.
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Appeal from a decision of Hon. J. A. Greek, Judge of the First District of Mississippi, dismissing a writ of habeas corpus and remanding the relator to custody. 1. The writ of habeas corpus may be employed in all cases of illegal confinement. Code 1871, § 1396; Donnell v. State, 48 Miss. 661. If the judgment were simply voidable, the remedy would be by writ of error to reverse it; but if void, the writ of habeas corpus can be properly employed. Hurd on Habeas Corpus, 326, 328 ; Tidd’s Prac. 398 ; Ex parte Gibson, 31 Cal. 619, 625. The question is whether the court had any right to try the…
1Opinion of the CourtChalmers, J.
The relator, who was tried and convicted in the Circuit Court of Alcorn County of the crime of manslaughter, and sentenced to ten years’ imprisonment in the penitentiary, brings this writ of habeas corpus, demanding to be discharged and set at liberty upon the ground that the record of his trial, as the same remains on file in said court, is so defective in its failure to show essential jurisdictional facts as to be a nullity. If this proposition is correct, he is entitled to be released under this proceeding, notwithstanding that clause of the statute (Code 1871, § 1397) which declares that…
2Cited by8 opinions
- Lea v. StateMississippi Supreme Court · 1886
- Hays v. StateMississippi Supreme Court · 1909
- Krohn v. MiguesMississippi Supreme Court · 1973
- Hunt v. StateMississippi Supreme Court · 1884
- Hitt v. StateMississippi Supreme Court · 1928
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