27 Fla. 196 | Fla. | 1891
The return to the writ of habeas corpus shows that the petitioner is held by the sheriff of Leon county to answer an indictment found by the grand jury at the late Spring term of the Circuit Court of that county, charging that the petitioner on the 27th day of March of the present year, in that county, “did feloniously steal, take and carry away divers bills, commonly known and denominated National currency of the United States of America, of divers denominations, •to-wit: one bill of the denomination of twenty dollars, of the value of twenty dollars;* two bills .each of the denomination of ten dollars, each of the value of ten dollars; one bill of the denomination of five dollars, of the value of five dollars; a more particular description of which said bills is to the jurors unknown, and which said bills circulated and passed in the said State of Florida as money, and which were then and there the property of one John G. Collins.”
The statute under which this indictment is claimed to be found is sec. 17, p. 360, McClellan’s Digest, which provides that “whoever commits the crime of larceny by stealing the property of another, any money, goods, or chattels, or any bank note, bond, promissory note, bill of exchange, or other bill, order
The ground upon which the petitioner claim-! a discharge is, that the indictment does not allege “any sufficient offence” under the laws of this State, and it is argued that it “charge.-; no offence.”
A primary question involved in this case is, that of the function of the writ of habeas corpus whore the petitioner is held to ansAver an indictment, which is the status of this prisoner.
In Corryell’s case, 22 Cal., 179, the petitioner was under indictment for altering “a certain record of, and belonging to, the office of the Secretary of State, of said State, the same being an engrossed copy of a bill which was introduced into the Senate of the State,” at its session in 1801, describing the same, and alleging it to be ‘ ‘by law a record of, and belonging to, the office of said Secretary of State,” and specifying the alteration. The statute of California upon which it was attempted to found the indictment, punished the alteration of
It is unnecessary to say more of these cases than that they are founded upon the theory that an indictment alleging as a criminal offence that which is not made so by the law obtaining at the time the act -was 'done, confers no jurisdiction to hear and to determine, and that a detention of the person under such circum
The doctrine upon which these cases must rest is not to be confounded with, nor should the decisions based upon it be permitted to invade or impair another rule, both well established and essential to a. due administration of criminal law; which rule is, that this wait is not the proper remedy for relief against defective indictments for act! which are offenses under criminal law's. In Keanrey's case supra, it is said in recognition of this distinction: “This is not the (use of a conn plaint inartificially drawn which intimates the existence of the facts necessary to the constitution of the offence, or even of an attempted statement insufficient, but indicating a purpose to declare, on essential facts. It is a total failure to allege -any cause of action, and however objectionable the conduct imputed to the petitioner, he is no more in the eye of the law charged by the complaint with any crime than if the- paper had ascribed to him the most innocent deed.”
Though under the above authorities the inquiry upon habeas corpus may extend to the question whether the indictment charges any offence known to the law', as this goes to the jurisdiction, and if it be found that it does not charge any, the prisoner may be dischaigsd as imprisoned without color of law; Ex
If the indictment before us is one charging an act to
There is nothing in the case of Leftwitch vs. Commonwealth, 20 Gratt., 716, inconsistent with the above conclusions. It was not a habeas corpus proceeding, but a writ of error. The description of what was alleged to have been obtained by false pretense, the statute making this offence larceny, was ‘ ‘the sum of ninety dollars in United States currency,” giving its value and stating whose property it was. The indictment was demurred to as not containing a.sufficient description of the property so obtained or stolen, the words “United States currency” being merely nomen (jeneralissimum. The court held (A. .1)., 1870) that United States currency might be gold, or silver, or treasury notes, or bank notes, (see Hamilton vs. State, 60 Ind., 193, A. D., 1877,) and that- either of these subjects would be consistent with the indictment-, and that the indictment should show what- kind of currency was obtained, and that it was too vague.
We have* not felt it to be our duty to trace the legislation of Congress authorizing the issue of silver and gold certificates, and define their status under the above statute of this State.
The prisoner should be remanded, and it will be so ordered.