Jackson v. Lowry

It appears from the record that the defendant was indicted for charging excessive interest on small loans. A bench warrant was issued, under authority of which the defendant was arrested. The record makes no mention of any proceeding to try the case on the indictment. On the contrary, Jackson, the defendant named in the indictment, without awaiting trial on the merits *756of the criminal case, brought habeas corpus, alleging that he was unlawfully detained by the sheriff. Thus it is obvious that the accused seeks to avoid a trial on the merits of the case, and to substitute, for the usual…