Foran v. Maxwell

Petitioner contends first that the Court of Common Pleas of Franklin County was without jurisdiction to remand him to the custody of the sheriff of Montgomery County to await further proceedings by the court of such county.

Habeas corpus is directed only to the present confinement of a petitioner, and the granting of relief therein operates only to release him from such confinement, it does not act as an absolute discharge from the legal consequences of a crime. Thus, where a prisoner’s present confinement is found illegal because of jurisdictional error in his trial warranting the granting of…