People ex rel. Morris v. Skinner

The petitioner was arrested on a warrant based upon an information charging him with the crime of falsely reporting an incident in violation of section 240.50 of the Penal Law. Awaiting trial, he brings this habeas corpus proceeding seeking his release on the ground that the information fails to state any crime. The respondent contends that the writ of habeas corpus may not be used to test the sufficiency of an indictment and, in any event, the information does state a crime.

“ The right to challenge an indictment or an information by the writ of habeas corpus is strictly limited. It is not to…