Legal Opinion · Dissent

Eyman v. Deutsch

Arizona Supreme Court

Decided July 27, 1962No. 6933Published

1DissentStruckmeyer, Justice

I am unable to agree that petitioner, Sam Deutsch, should be released from the state penitentiary, believing that the majority err both in their decision on the jurisdictional question here presented and in the application of the law of conspiracy to the facts of the case.

Petitioner’s application is not within the proper bounds of habeas corpus. It has long been the settled law of this state that habeas corpus does not take cognizance of errors.

“The test of jurisdiction is whether or not the tribunal has power to enter upon the inquiry; not whether its conclusion in the course of it is right…

2Cases cited20 opinions

  1. In Re BonnerSupreme Court of the United States · 1894
  2. In Re TrombleyCalifornia Supreme Court · 1948
  3. Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
  4. People Ex Rel. Carr v. MartinNew York Court of Appeals · 1941
  5. People Ex Rel. Wachowicz v. MartinNew York Court of Appeals · 1944

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