Legal Opinion

In re Lybarger

Washington Supreme Court

Decided February 19, 1891No. 154PublishedCited by 35 opinions

Original Proceedings in Habeas Corpus.

1Opinion of the Court

*132The opinion of the court was delivered by

Hoyt, J.

— Upon the return of the officer to the order to show cause issued herein and the hearing had thereon, two questions are presented for our determination — (1) as to the power of the legislature to provide for the prosecution of offenses, committed before we became a state, by information; (2) as to whether or not the court, in habeas corpus proceedings, will go behind the final judgment of a court of competent jurisdiction for any purpose whatever. We will discuss the second question first. Our statute provides that no court shall inquire into…

2Cases cited2 opinions

  1. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  2. In re PettySupreme Court of Kansas · 1879

3Cited by35 opinions

  1. Matter of Personal Restraint of RunyanWashington Supreme Court · 2000
  2. In Re GrieveWashington Supreme Court · 1945
  3. United States v. PriceSupreme Court of the United States · 1850
  4. In re NewcombWashington Supreme Court · 1909
  5. In Re PatswaldSupreme Court of Oklahoma · 1897

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