Harlow v. Clow

The writ of habeas corpus does not take the place of an appeal. It is a civil proceeding providing a remedy for one who is wrongfully deprived of his liberty.

Upon a conviction for vagrancy, the Municipal Court of the City of Klamath Falls is empowered to impose a sentence of not more than 50 days, or a fine of not to exceed $100, or both such fine and imprisonment. The Municipal Court did pronounce judgment upon the petitioner, imposing upon him a penalty of 25 days in jail and a fine of $100. Before the petitioner had served his jail sentence of 25 days, lawfully passed, he instituted this…