Roberts v. Schumacher

Plaintiff in error was indicted for an alleged violation of Section 7263 C. G. L. Instead of moving to quash the indictment, plaintiff in error attacked the sufficiency or legality of the indictment by suing out writ of habeas corpus in the Circuit Court, and upon hearing of the writ the Circuit Judge remanded the petitioner to the custody of the sheriff. There is no question raised here as to the jurisdiction of the court over the person or the subject matter.

Whether the indictment could have been successfully attacked by motion to quash or demurrer is a question not before us on this writ…