Commonwealth ex rel. Mitchel v. Myers

Sloane, J.,

— After he was tried, convicted and sentenced for robbery before Judge Griffiths without a jury, relator petitioned this court for habeas corpus. Alleging illegal arrest and search and seizure, denial of bail, lack of probative evidence and insufficient evidence, relator concluded these irregularites denied him due process and deprived the trial court of jurisdiction.

The nature and scope of habeas corpus are settled ground; relator cannot enlarge them. Historically, “this most celebrated writ” was not issued, of course, but for probable cause.1 Today the necessary probable cause…