Joseph Rucker Lamar,
Johnson v. Hoy — Opinion of the Court
“ The petitioner insists that the release on bail was known to the government when the motion to advance was made, and not then having been urged, he is now entitled to a decision on the constitutional question argued, so that, if in his favor, he would avoid re-arrest and trial.The writ of habeas corpus is not intended to serve the office of a writ of error even after verdict; and, for still stronger reasons, it is not available to a defendant before trial, except in rare and exceptional cases, as pointed out in Ex parte Royall, 117 U.S. 241, 29 L. ed. 868, 6 Sup. Ct. Rep. ”
