Howell Edmunds Jackson

“ Many well-considered authorities, in England as well as in this country, hold that where there is jurisdiction of the person and of the offense the excess in the sentence of the court beyond the provisions of law is only voidable in proceeding upon a writ of error. ”

“ It is doubtful whether, upon a writ of error, the prisoner would have been entitled to a modification of his sentence by striking out the 'hard labor' portion thereof. By section 5539, Rev. St., it is provided that 'whenever any criminal, convicted of any offence against the United States, is imprisoned in the jail or penitentiary of any state or territory, such criminal shall in all respects be subject to the same discipline and treatment as convicts sentenced by the courts of the state or territory in which such jail or penitentiary is situated ”

“ The part of the Cherokee Outlet so attached to Logan county for judicial purposes being 'all that part of Cherokee Outlet which lies between the line dividing ranges three and four west of the Indian meridian, and the line dividing ranges six and seven east of the Indian meridian, except townships twenty of ranges one, two three and four, east of the Indian meridian,' which part is outside of the boundaries of Oklahoma Territory. ”

“ On July 7, 1893, Pridgeon applied to the United States circuit court for the southern district of Ohio, eastern division, for a writ of habeas corpus to be discharged from the custody of the warden of the state penitentiary, alleging in his petition that he was wrongfully restrained of his liberty-First, because the court which tried, convicted, and sentenced him had no jurisdiction in the premises ”

“ People v. Liscomb, 60 N. Y. 559; People v. Jacobs, 66 N. Y. 8; Ex parte Shaw, 7 Onio St. 81; Ex parte Van Hagan, 25 Ohio St. 426; In re Graham, 74 Wis. 450, 43 N. W. 148; Elsner v. Shrigley, 80 Iowa, 30, 45 N. W. 393; Ex parte Max, 44 Cal. 579.
Under a writ of habeas corpus, the inquiry is addressed, not to errors, but to the question whether the proceedings, and the judgment rendered therein, are, for any reason, nullities; and, unless it is affirmatively shown that the judgment or sentence under which the petitioner is confined is void, he is not entitled to his discharge. ”