State Ex Rel. Smith v. Lee

On reargument, appellant concedes that the writ of habeas corpus can be issued only in case the court has acted without jurisdiction, or has exceeded its jurisdiction, and it is his contention that the court exceeded its jurisdiction in accepting the plea of the defendant and imposing a life sentence thereon; that the action of the court was void for want of jurisdiction and that, therefore, the writ should be granted.

Section 11,360 of the Code of Criminal Procedure, in relation to who is not entitled to habeas corpus, reads as follows:

"Who not entitled to relief. The person in whose behalf…