154 Ga. 397 | Ga. | 1922
This was a proceeding by Prances Wells, the wife of Sweet Wells, against J. D. Pridgen, the warden of the chain-
By reason -of the foregoing facts petitioner alleges that the verdict of the jury and the sentence of the court are totally void, and that his imprisonment in the penitentiary under said void verdict and sentence deprives him of his constitutional right of liberty under art. 1, sec. 1, par. 1, of the constitution of this'State, viz.: “ No person shall be deprived of life, liberty, or property, except by due process of law.” Petitioner avers that this petition for
The warden demurred to the petition, and moved to quash the writ issued thereon, on the ground that no cause of action is set forth whereby the writ of habeas corpus can be sustained, because the plaintiff sets forth in her petition that the defendant was legally indicted, that a legal and valid verdict was rendered and published in court, and that a legal and valid sentence was imposed upon him, under which he is legally and lawfully detained by the warden. The trial judge sustained the demurrer, dismissed the petition, and quashed the writ. Error is assigned on this judgment.
The judgment of the trial court is right. Habeas corpus is never & substitute for appeal, a motion for new trial, writ of error, or other remedial procedure. McFarland v. Donaldson, 115 Ga. 567 (41 S. E. 1000); Smith v. Milton, 149 Ga. 28 (98 S. E. 607); Davis v. Smith, 7 Ga. App. 192 (66 S. E. 401); Cross v. Foote, 17 Ga. App. 802 (88 S. E. 594); Andersen v. Treat, 172 U. S. 24 (19 Sup. Ct. 67, 43 L. ed. 351); In re Swan, 150 U. S. 637 (14 Sup. Ct. 225, 37 L. ed. 1207). This writ is the appropriate remedy only when the court was without jurisdiction in the premises, or where it exceeded its jurisdiction in making the order, rendering the judgment, or passing the sentence by virtue of which the party is imprisoned, so that such order, judgment, or sentence is not merely erroneous, but is absolutely void. McFarland v. Donaldson, supra; 15 Am. & Eng. Enc. Law (2d ed.), 172. When the court has jurisdiction by law of the offense and the offender, its judgments are, in general, not nullities; and when an exception to this rule is relied upon, it should be made clearly to exist. Ex parte Bigelow, 113 U. S. 328 (5 Sup. Ct. 542, 28 L. ed. 1005); In re Eckart, 166 U. S. 481, 484 (17 Sup. Ct. 638, 41 L. ed. 1085).
The sentence of a court in a criminal ease is evidence of its own legality. Ex parte Watkins, 3 Pet. 193. Generally a conviction and sentence by a court of competent jurisdiction is lawful cause of imprisonment, and no relief can be given by habeas corpus,
The general rule is that the judgment of a court having jurisdiction of the offense and the party charged with its commission is not open to collateral attack. Andersen v. 'Treat, 172 IT. S. 24 (supra).
The remedy by habeas corpus should be confined to cases in which the judgment or sentence attacked is clearly void by reason of its rendition by a court without jurisdiction in the premises, or by reason of the court’s having exceeded its jurisdiction in the premises; and the better practice, in the absence of special facts and circumstances, is to require the prisoner to seek a review by writ of error instead of resorting to the writ of habeas corpus. In re Frederick, 149 U. S. 70 (13 Sup. Ct. 793, 37 L. ed. 653). The denial of due process of law, although erroneous, must be such as to deprive the court of jurisdiction. In re Wood, 140 U. S. 278 (11 Sup. Ct. 738, 35 L. ed. 505).
It may be said that a judgment denying to a prisoner a constitutional right is void, and he may be discharged on habeas corpus. Ex parte Nielsen, 131 U. S. 176 (9 Sup. Ct. 672, 33 L. ed. 118). The reply is that the sentence in this case did not deny the accused any constitutional right. The sentence logically, legally, and constitutionally followed the verdict of guilty. The real complaint is that the verdict was not based on evidence; but that does not render the sentence void. The accused had his day in court. If the verdict was returned without the aid of instructions from the court to guide the jury, or if the verdict was based on no evidence whatever, these were grievous errors, if conynitted without the consent of or over the protest of the accused; but a verdict without any evidence does not render a sentence void, so that the accused will be released on habeas corpus. Davis v. Smith, 7 Ga. App. 192 (supra).
A sentence in a criminal case cannot be collaterally attacked for defects not appearing in the record. This rule should be rigidly enforced where it is not even alleged in the petition for habeas corpus that the acts complained of were without the consent and against the protest of the accused. If we could look behind the scenes, it would probably appear that the verdict in this case
Judgment affirmed.