State v. Morales

STRUCKMEYER, Chief Justice.

Appellant applied for writ of habeas corpus in the Superior Court of the State of Arizona in and for the County of Pinal on the ground of double jeopardy which was denied. An appeal followed to this Court.

It has been the unfailing rule in this State that the writ of habeas corpus may be used only to review matters affecting the jurisdiction of the court. State ex rel. Jones v. Superior Court, 78 Ariz. 367, 280 P.2d 691. Double jeopardy may be waived and may not be raised for the first time in a collateral proceeding. Bracey v. Zerbst, 10 Cir., 93 F.2d 8. The record…