People ex rel. Rial v. Katner

This is an application for a writ of habeas corpus in which the petitioner asks that it be sustained upon several grounds, the main one of which is that the detention is illegal in that the information is defective and that the Magistrate had no jurisdiction to issue the warrant of arrest.

It is well to here point out that the sole and primary question in a habeas corpus proceeding is whether the detention is lawful. There is no room nor authority in this proceeding to determine whether the accused is guilty of any crime. Such a determination is only for the trial court after the basic…