People ex rel. Curtis v. Jennings

Rodenbeck, J.:

There is nothing in the papers to raise an issue as to the jurisdiction and power of the court before which relator was convicted and the questions raised by statements of facts in his petition go to the regularity of the proceedings and are reviewable only by appeal. The writ of habeas corpus cannot be resorted to to try out the legality and justice of a conviction if the court had jurisdiction and power to render the judgment. “ No inquiry into the ‘ legality or justice ’ of any mandate is permitted, except as those terms include questions of jurisdiction or power.” (People ex…