Chemgas v. Tynan
Supreme Court of Colorado
Original application for writ of habeas corpus. Petitioner John Chemgas, alleges that he was unlawfully convicted in the district court' of the city and county of Denver, and sentenced to the penitentiary on the following information: “State op Colorado, City and County op Denver. In the District Court, Second Judicial District. The People op the State op Colorado v. Peter Horons & John Chemgas.
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Original application for writ of habeas corpus. Petitioner John Chemgas, alleges that he was unlawfully convicted in the district court' of the city and county of Denver, and sentenced to the penitentiary on the following information: “State op Colorado, City and County op Denver. In the District Court, Second Judicial District. The People op the State op Colorado v. Peter Horons & John Chemgas. Comes now Willis V. Elliott, district attorney within and for the second judicial district in the state of Colorado and in the name and by the authority of the People of the State of Colorado informs…
1DissentJustice White
The writ of habeas corpus does not perform the ■office of a writ of error, and the remedy thereby, is limited to cases in which the judgment or sentence attacked is void. Nevertheless, if the petitioner be imprisoned under a judgment of a court which had no jurisdiction of the person or the subject matter, or authority to render the judgment complained of, or exceeded its jurisdiction in the premises, relief should be accorded under the writ. In such cases the judgment is void. Such is the principle announced by the great weight of authority. — Hurd on Habeas Corpus, (2d ed.) pp. 324, 327; Re…
2Cases cited29 opinions
- Ex Parte BainSupreme Court of the United States · 1887
- Ex Parte SieboldSupreme Court of the United States · 1880
- NielsenSupreme Court of the United States · 1889
- Ex Parte WilsonSupreme Court of the United States · 1885
- In Re SnowSupreme Court of the United States · 1887
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