People ex rel. Kane v. Hanley

This is a habeas corpus proceeding, but it is sought to use the writ of habeas corpus for a very unusual purpose. In effect, the relator .is seeking to be released from a custody into which he has not as yet been placed. The relator is now in the custody of the warden of the city prison by virtue of a commitment issued by a magistrate, holding the relator for the Court of General Sessions upon a felonious charge. But the purpose of the relator is not to be discharged from that custody, and, as a matter of fact, bail has been fixed, and he can be discharged upon giving that bail. What the…