166 Iowa 556 | Iowa | 1914
The complainant, Charles Lockard, was indicted by the grand jury of Fayette county, Iowa, on charge
It is true the record did present certain affidavits and sworn statements made long after the entry of the plea of not guilty and judgment thereon, but having some tendency
We also held that so much of the judgment entry as provided a limitation of the term of imprisonment to twelve years
After the affirmance of said judgment, the accused, alleging that his restraint and imprisonment were without author
It appears that upon said hearing, the applicant sought to deny the correctness of the record in the criminal case which shows that he entered or “made” the plea of guilty in open court and in person, but the trial judge, holding to the theory that such record could not be impeached in a habeas corpus proceeding, refused to admit or consider such evidence. The applicant further sought to show that the attorney who represented him in such criminal proceeding fraudulently deceived and misled him into the belief that the court could and would limit his sentence to a term of twelve years in the penitentiary. This evidence was also excluded, and error is assigned thereon.'
Neither exception can be sustained. The accused is undergoing imprisonment upon judgment of a court of competent jurisdiction. The record of such proceeding shows, upon its face, a plea of guilty duly entered or made by him in person. It is not competent for him, in habeas corpus proceedings, to impeach or deny that record. Ex parte Fisher, 6 Neb. 309; People v. Cassels, 5 Hill (N. Y.) 154.
The one question which is open to inquiry in such proceedings, after judgment of conviction and commitment of the accused thereunder, is the jurisdiction of the ,court. People v. Neilsen, 16 Hun. (N. Y.) 214; Darrah v. Westerlage, 44 Tex. 388; In re Adams, 25 Miss. 883 (59 Am. Dec. 234); Ex parte Gallagher, 101 Cal. 113 (35 Pac. 449); Ex parte Murray, 43 Cal. 455; Zelle v. McHenry, 51 Iowa, 572; State v. Orton, 67 Iowa, 554.
The district court had undoubted jurisdiction of criminal
It is suggested that the court lost jurisdiction by denying the applicant some constitutional or fundamental right. But the trouble with the proposition as applied to this case is in the fact that such alleged error can be shown only by evidence outside of the record, and, as we have repeatedly said, such evidence is inadmissible.
For the reasons stated, the order remanding the complainant is — Affirmed.