Ainslie v. Smith

ELLETT, Justice:

The plaintiff appeals from a judgment dismissing his petition for a writ of habeas corpus. He had been convicted of the crime of murder in the second degree but did not appeal therefrom. In his petition for habeas corpus, he attempted to raise the very issues which he could have brought up on appeal.

We have heretofore held that in a petition for habeas corpus one cannot raise issues which could have been determined on appeal.1

Mr. Ainslie was charged in the Information with murder in the first degree. Just before trial he moved the court to permit him to waive a jury and be…