William R. Day

“ Treat is authority for the proposition that a writ of habeas corpus can be made the basis of a review of the judgment of a court of competent jurisdiction, where proceedings were had under a constitutional statute giving the court authority to examine into the charges, and to convict or acquit the accused, when the proceedings show no attempt to exert the jurisdiction of the court in excess of its authority. ”

“ The learned counsel for appellants rely upon a number of cases which are said to warrant the court in habeas corpus proceedings in examining the bill of exceptions with a view to determining such matters as are herein presented. But an examination of these cases will show that where collateral attacks have been sustained through the medium of a writ of habeas corpus, the grounds were such as attacked the validity of the judgments, and the objections sustained were such as rendered the judgment not merely erroneous, but void. ”

“ It was held that while an indictment constitutes prima facie evidence of the offense, when the defendant offered to show that no offense had been committed triable in the district to which removal was sought, the exclusion of such evidence was not mere error, but a denial of a right secured under the Federal Constitution to be tried in the state and district where the alleged offense was committed, and therefore reviewable under habeas corpus proceedings. ”