In re Allison
Supreme Court of Colorado
Original Application for Habeas Corpus. Charles Allison was. convicted in the district court of Conejos county on four indictments for highway robbery. Sentences were duly pronounced on each of the four convictions, whereupon he applied for a writ of habeas corpus.
1Opinion of the CourtChief Justice Helm
The most serious question presented in the case at bar rests upon a challenge to the legal existence of the trial court itself. If there was no lawful court, the pretended trial and judgment were absolutely void, and it would be idle to argue that a" conviction, under such circumstances, could not be inquired into upon habeas corpus. Moreover, our habeas corpus statute implies clearly that the court itself must be lawfully constituted. And were *527there doubt concerning the right to inquire, by this proceeding under the law and decisions, elsewhere, into the legal existence of the court passing…
2Cases cited6 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Coulter v. Board of County CommissionersSupreme Court of Colorado · 1886
- Fox v. StateSupreme Court of Arkansas · 1888
- Town of Trinidad v. SimpsonSupreme Court of Colorado · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- People v. SchwartzSupreme Court of Colorado · 1984
- State v. Ngan PhamSupreme Court of Kansas · 2006
- Firelock Inc. v. District Court in & for the 20th Judicial District of the State of ColoradoSupreme Court of Colorado · 1989
- Marsden v. HarlockerOregon Supreme Court · 1906
- State Ex Rel. Harp v. Vanderburgh Circuit CourtIndiana Supreme Court · 1949
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