68 Vt. 297 | Vt. | 1896
The relator was indicted for perjury at the December term of the Windsor county court in 1887, was tried on said charge at the May term of that court in 1891, and on conviction thereof was sentenced to the state prison at Windsor, where he is now confined. The relator •claims that his detention is unlawful because of illegalities in the proceedings by which he was brought to trial.
It appears that after this indictment was found the relator absented himself from the state, but that he came into the state at Bennington in January, 1891, as John Rice, and was afterwards at Troy in the state of New York. It being claimed that a larceny had been committed at Bennington by the person known as John Rice, a demand for the surrender of such person was made by the governor, but his requisition was not complied with. The relator, understanding that there were some informalities in -the papers which required correction and would cause delay, consented to return to this state, upon receiving from the officer a written statement that he was taken only upon the charge of larceny. He was held to bail upon this charge at Bennington, and upon giving satisfactory surety for his appear
Upon being committed to the Windsor county jail on this arrest, the relator obtained a writ of habeas corpus from the United States district judge, which writ was taken into the circuit court then in session, and upon a hearing in that- court the relator was discharged from custody,with protection from arrest for one day. An appeal from this decision was taken to the supreme court by both the relator and the state, and the relator was released on giving bail for his appearance to abide the decision of that court. The case was taken up on the relator’s appeal, and on his failure to prosecute the same the cause was dismissed April 22, 1891, the mandate being filed in the circuit court April 28. The petition shows further that on July 12, 1891, the relator was brought .into the circuit court on a writ of habeas corfus, and that proceedings were then had in regard to his bail.
In April, 1891, the relator was in Windsor county jail upon a warrant of commitment issued in proceedings for contempt, and while so in confinement he was again committed in default of bail upon a charge of jail breaking. He was brought to trial upon this last named charge at the May term, and upon conviction was sentenced, June 13, to confinement in the state prison. After this, the relator being thus in the Windsor county jail, he was brought into court and put to trial upon the indictment for perjury above mentioned ; protesting, however, that he was not legally called upon to make answer thereto. There was no rearrest of the relator upon the charge of perjury.
It is claimed by the relator that he was under the jurisdiction of the circuit court by reason of his bail until July 12, and so was not amenable to the state court at the time of his trial. This position cannot be sustained. The dismissal of
But the relator’s principal objection is that he was tried without having been re-arrested. It is well settled that the writ of habeas corfius cannot be given the effect of a writ for the correction of errors or irregularities. One who is detained upon a sentence following conviction will not ordinarily be entitled to relief, unless the defect is such as to render the proceedings void. Ex parte Seibold, 100 U. S. 375. It has been said by this court that to entitle a relator to discharge the process must be void and not merely erroneous. Ex parte Kellogg, 6 Vt. 509. In re Greenough, 31 Vt. 279. The inquiry ordinarily resolves itself into one regarding jurisdiction. A want of jurisdiction will render void a proceeding which is entirely legal in form. But if the court has jurisdiction of the subject matter and the person, and renders such a judgment as it would be authorized to render in some circumstances in cases of that class, the proceedings will stand the test of this writ, however irregular they may have been. See 26 Am. Dec. 40 note.
It is apparent that the question here is whether the court had jurisdiction of the person of the relator in the perjury proceeding. He clearly was not before the court by virtue
Relator remanded.