John Marshall Harlan

“ It is sufficient to say that if this court has power, under existing legislation, and upon habeas corpus, to discharge the petitioner, who is in custody under the process of a state court of original jurisdiction, for trial on an indictment charging him with an offense against the laws of that state,-upon which it is not necessary to express an opinion,-such power ought not, for the reasons given in the other cases just decided, to be exercised in advance of his trial. ”